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Chiusano v. Chiusano

Appellate Division of the Supreme Court of New York, First Department
Oct 23, 2008
55 A.D.3d 425 (N.Y. App. Div. 2008)

Opinion

No. 4358.

October 23, 2008.

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered January 15, 2008, which, insofar as appealed from, denied defendant's motion for summary judgment dismissing the complaint and on his counterclaim for attorneys' fees, unanimously affirmed, without costs.

Thaler Gertler, LLP, East Meadow (Richard G. Gertler of counsel), for appellant.

William J. Dockery, New York, for respondent.

Before: Lippman, P.J., Andrias, Saxe, Sweeny and DeGrasse, JJ.


The court correctly rejected defendant's contention that the term "MERC seat" in the handwritten paragraph of the modification of the parties' separation agreement refers only to the right to trade on the floor of the mercantile exchange. However, it erred in finding as a matter of law that "MERC seat" includes both the right to trade and the share of NYMEX stock. The term is reasonably susceptible to more than one interpretation ( see NFL Enters. LLC v Comcast Cable Communications, LLC, 51 AD3d 52; LoFrisco v Winston Strawn LLP, 42 AD3d 304, 307-308). Because the extrinsic evidence in the record is insufficient to resolve the ambiguity, the parties' intent must be determined at trial ( see Hambrecht Quist Guar. Fin., LLC v El Coronado Holdings, LLC, 27 AD3d 204; LoFrisco at 308).


Summaries of

Chiusano v. Chiusano

Appellate Division of the Supreme Court of New York, First Department
Oct 23, 2008
55 A.D.3d 425 (N.Y. App. Div. 2008)
Case details for

Chiusano v. Chiusano

Case Details

Full title:RITA CHIUSANO, Respondent, v. JOSEPH CHIUSANO, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 23, 2008

Citations

55 A.D.3d 425 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 8001
868 N.Y.S.2d 168

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