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Matter of Platsky v. Island Hills Golf Club

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 1999
260 A.D.2d 640 (N.Y. App. Div. 1999)

Opinion

April 26, 1999

Appeal from the Supreme Court, Suffolk County (Seidell, J.).


Ordered that the judgment is affirmed, with costs.

The Supreme Court properly construed any ambiguity in the use of the word "moves" in Paragraph 11 (b)(i) of the Founding Charter Member Proposal against Island Hills Golf Club, Inc. (hereinafter Island Hills), the entity that prepared the document, and in favor of Irving Platsky (see, Jacobson v. Sassower, 66 N.Y.2d 991). Furthermore, since Island Hills failed to request a hearing to determine the proper construction of the disputed term, it waived any right it had to a hearing on this matter (see, Lynch v. Lynch, 97 A.D.2d 814).

Mangano, P. J., Santucci, Krausman, Florio and H. Miller, JJ., concur.


Summaries of

Matter of Platsky v. Island Hills Golf Club

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 1999
260 A.D.2d 640 (N.Y. App. Div. 1999)
Case details for

Matter of Platsky v. Island Hills Golf Club

Case Details

Full title:In the Matter of IRVING PLATSKY, Respondent, v. ISLAND HILLS GOLF CLUB…

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

Date published: Apr 26, 1999

Citations

260 A.D.2d 640 (N.Y. App. Div. 1999)
687 N.Y.S.2d 272

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