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Caravan Gifts, Inc. v. Whang

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 1992
181 A.D.2d 618 (N.Y. App. Div. 1992)

Opinion

March 26, 1992

Appeal from the Supreme Court, New York County (Francis N. Pecora, J.).


The pertinent portions of the parties' security agreement on which the first cause of action is based are susceptible to differing interpretations supportive of either of the positions urged by the parties, and thus parol evidence may be considered to determine the parties' intent (67 Wall St. Co. v Franklin Natl. Bank, 37 N.Y.2d 245, 248). Summary judgment is inappropriate where, as here, the intent of the parties cannot be determined from the face of the agreement (see, e.g., IBM Credit Fin. Corp. v Mazda Motor Mfg. [USA] Corp., 152 A.D.2d 451).

Concur — Sullivan, J.P., Milonas, Rosenberger, Ross and Kassal, JJ.


Summaries of

Caravan Gifts, Inc. v. Whang

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 1992
181 A.D.2d 618 (N.Y. App. Div. 1992)
Case details for

Caravan Gifts, Inc. v. Whang

Case Details

Full title:CARAVAN GIFTS, INC., Appellant, v. HO SANG WHANG, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 26, 1992

Citations

181 A.D.2d 618 (N.Y. App. Div. 1992)

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