Practice point To be found ambiguous, a contract must be susceptible of more than one commercially reasonable interpretation. Whether there is an ambiguity must be determined by examining
the entire contract and considering the parties' relation and
the circumstances under which the contract was executed, with the wording to be
considered in the light of the obligation as a whole and the intention
of the parties as manifested thereby.
Student note: In any question of the interpretation of a written
contract, the objective is to determine what is the intention of the
parties as derived from the language employed.
Case: Perella Weinberg Partners LLC v. Kramer, NY Slip Op 06341 (1st Dep't August 29, 2017)
Here is the decision.
Tomorrow's issue: Moving for summary judgment in a negligence action.
