Opinion
August 8, 1994
Appeal from the Supreme Court, Queens County (Friedmann, J.).
Ordered that the order and judgment is modified, on the law, by deleting the provision thereof which granted that branch of the plaintiff's motion which was for summary judgment on his first cause of action, and that branch of the motion is denied; as so modified, the order and judgment is affirmed insofar as appealed from, without costs or disbursements.
The reimbursement agreement at issue contains inherent ambiguities. Accordingly, a trial is warranted to ascertain the parties' intent regarding the agreement and whether the plaintiff is entitled to reimbursement of $20,000. Balletta, J.P., Rosenblatt, Joy and Florio, JJ., concur.