AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

M. FRIEDMAN et al., Respondents-Appellants, v. SMITHFIELD, INC., Defendant, and RAYMOND H. GERMANO, Appellant-Respondent.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

Our review of the record reveals that the inconsistent contract provisions create an ambiguity as to the intent of the parties concerning the plaintiffs' obligation to pay monthly interest on the outstanding balance of the purchase price raising material and triable issues of fact. Accordingly, the Supreme Court properly denied summary judgment (see, Mallad Constr. Corp. v County Fed. Sav. Loan Assn., 32 N.Y.2d 285).

We have examined the remaining contentions raised on this appeal and cross appeal and find them to be without merit. Thompson, J.P., Rubin, Spatt and Balletta, JJ., concur.

Use AI to get other relevant cases.

Comments

FRIEDMAN v. SMITHFIELD, INC
(Jan 9, 1989)