Practice point: When parties set down their agreement in a clear, complete
document, it will be enforced according to its express
terms. Extrinsic evidence may not be considered unless the document itself is ambiguous. Whether a writing is ambiguous is a question of law to be resolved by the courts. There is ambiguity if the document was written so
imperfectly that it is susceptible to more than one reasonable
interpretation. 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.
Case: Arnell Constr. Corp. v. New York City Sch. Constr. Auth., NY Slip Op 07282 (2d Dep't November 9, 2016)
Here is the decisiion.
Tomorrow's issue: A motion to vacate a default based on lack of personal jurisdiction.
