Rochester Park, Inc. v. City of Rochester

Full title: ROCHESTER PARK, INC., Respondent, v. CITY OF ROCHESTER, Appellant

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

Date published: Jul 1, 1963

19 A.D.2d 776 (N.Y. App. Div. 1963)

Opinion

July 1, 1963

Appeal from the Monroe Special Term.

Present — Williams, P.J., Bastow, Goldman, McClusky and Henry, JJ. [ 38 Misc.2d 714.]

Order unanimously affirmed, with $25 costs and disbursements. Memorandum: While section 508 ultimately might be found to be unambiguous, "Even in the case of an integrated written contract, the meaning of the words may depend upon various surrounding circumstances that are in dispute; the circumstances must be found as a fact before interpretation can proceed." (3 Corbin, Contracts, § 554, p. 223.) We pass on no other questions.