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.