Opinion
March 7, 1995
Appeal from the Supreme Court, New York County (Carol Huff, J.).
The court properly found that the guarantee, which named the corporation as guarantor but was signed by appellants in their individual capacities, was ambiguous, and admitted parol evidence to establish the intent of the parties (see, Sullivan County Wholesalers v. Sullivan County Dorms, 59 A.D.2d 628). The action is plainly one to enforce a contract that is ambiguous, and not, as appellants argue, one to reform a contract because of mistake. We have also reviewed the claims of errors with respect to evidentiary rulings and jury instructions and find them to be without merit.
Concur — Kupferman, J.P., Ross, Asch, Nardelli and Mazzarelli, JJ.