Practice point: When a term or clause is ambiguous, the parties may submit extrinsic evidence as an aid in construction, and the resolution of the ambiguity is for the trier of fact.
Student note: Whether a writing is ambiguous is a question of law to be resolved by the courts. There is ambiguity if the language is written so imperfectly that it is susceptible to more than one reasonable interpretation
Case: Dobbs v. North Shore Hematology-Oncology Assoc., P.C., NY Slip Op 03295 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: A mistake in a notice of claim.
