Practice point: The objective in interpreting a contract is to determine the parties' intent from the language they used and to fulfill their reasonable expectations. The court's role is to enforce the parties' agreement made by the parties, not to add, excise or distort the meaning of the terms they chose to include, thereby creating a new contract under the guise of construction.
Student note: Although words are generally afforded their ordinary meaning, technical words are to be given their generally accepted technical meaning, and interpreted as usually understood by the persons in the profession or business to which they relate.
Case: Landmark Ventures, Inc. v. H5 Tech., Inc., NY Slip Op 05713 (2d Dep't July 19, 2017)
Here is the decision.
Tomorrow's issue: The continuing wrong doctrine.
