Appellate Division of the Supreme Court of the State of New York December 30, 1992 (Lamar Exploration Corp. v. Masterson)

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United States · · · 30-12-1992

Order unanimously affirmed without costs. Memorandum: Defendant contends that Supreme Court erred in denying his motion for summary judgment dismissing plaintiffs complaint. The language in articles 2 and 3 of the parties’ agreement is susceptible to two reasonable interpretations and, therefore, is ambiguous (see, Super Glue Corp. v Avis Rent A Car Sys., 159 AD2d 68, 72, lv denied 77 NY2d 801).

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