CREDIT SUISSE SEC. (USA) LLC v. ASK JEEVES

The agreement between the parties was ambiguous, with each side offering its own reasonable interpretation ( see LoFrisco v Winston Strawn LLP, 42 AD3d 304, 307; Lands Eyewear Corp. v Luxottica Group, 294 AD2d 127, 128). Furthermore, the extrinsic evidence presented does not resolve the ambiguity or determine the parties' intent at the time they entered the agreement ( see NFL Enters. LLC v Comcast Cable Communications, LLC, 51 AD3d 52). On the contrary, each party offered evidence supporting its own interpretation, leaving the matter inappropriate for summary disposition ( LoFrisco, 42 AD3d at 307).

[Prior Case History: 24 Misc 3d 1241 (A), 2009 NY Slip Op 51839(U).]