Opinion
May 31, 2001.
Judgment, Supreme Court, New York County (Charles Ramos, J.), entered February 22, 2000, dismissing the complaint and imposing costs of $650 to be paid to defendants, unanimously reversed, on the law, without costs, the judgment vacated, the complaint reinstated and the matter remanded for further proceedings. Appeal from order, same Court and Justice, entered on or about February 3, 2000, granting defendants' motion for summary judgment dismissing the complaint and denying plaintiffs' cross-motion for partial summary judgment on the first cause of action, unanimously dismissed, without costs, as subsumed within appeal from judgment.
David M. Levy, for plaintiffs-appellants.
Thomas J. Hall, for defendants-respondents.
Before: Sullivan, P.J., Tom, Mazzarelli, Ellerin, Friedman, JJ.
The contract, being reasonably susceptible to more than one interpretation in relevant part, is ambiguous regarding whether plaintiff's decedent was to be employed at will or for a term of years (TSR Consulting Service v. Steinhouse, 267 A.D.2d 25; Levey v. Leventhal Sons, 231 A.D.2d 877; Myers v. Coradian Corp., 92 A.D.2d 643), thus precluding summary judgment. Insofar as the agreement is ambiguous to this extent, parol evidence may be admissible on the issue. We have considered the remaining contentions of defendants and find them to be unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.