White & Blue Group Corp. v Abelard

[*1] White & Blue Group Corp. v Abelard 2015 NY Slip Op 50205(U) Decided on February 23, 2015 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 23, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON and ELLIOT, JJ.
2013-2046 Q C

White and Blue Group Corp., Appellant,

against

Sergo Abelard, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered July 29, 2013. The order, insofar as appealed from, denied plaintiff's motion for summary judgment.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

In this action by plaintiff to recover damages for defendant's alleged breach of contract, plaintiff appeals from an order of the Civil Court entered July 29, 2013 which denied plaintiff's motion for summary judgment.

As the terms of a document bearing the title "General Release," which document was signed by both parties, are ambiguous as to whether, as defendant argues, the document constituted a mutual release, a trial is required, at which parol evidence may be introduced to show the intent of the parties and any relevant circumstances surrounding the execution of the agreement (see 58 NY Jur 2d, Evidence §§ 585, 591). Consequently, the Civil Court properly denied plaintiff's motion for summary judgment.

Accordingly, the order, insofar as appealed from, is affirmed.

Pesce, P.J., Weston and Elliot, JJ., concur.

Decision Date: February 23, 2015