Appellate Division of the Supreme Court of the State of New York May 31, 1996, Appeal No. 1 (Marfurt v. College Park Associates)

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in awarding plaintiff damages for the extra cost of rock removal on work performed under the contract. Contrary to plaintiffs contention, the language of the contract, which provides for "[s]ite cuts and fill”, with "[n]o blasting”, is unambiguous.