Opinion
Submitted May 18, 2000.
September 13, 2000.
In an action, inter alia, to recover damages for breach of contract, the defendant appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Queens County (Posner, J.), dated May 10, 1999, which, inter alia, upon renewal, granted that branch of the plaintiffs' cross motion which was for summary judgment on the cause of action to recover damages for breach of contract, and adhered to so much of a prior determination made in an order of the same court dated September 9, 1996, as denied its motion for summary judgment dismissing the complaint.
Biedermann, Hoenig, Massamillo Ruff, P.C., New York, N Y (Anthony W. Eckert of counsel), and Hyman Kaplan, Miami, Fl. (Andrew R. Spector of counsel), for appellant (one brief filed).
Evan Sarzin, P.C., New York, N.Y. (Jean Osnos on the brief), for respondents.
Before: LAWRENCE J. BRACKEN, J.P., WILLIAM D. FRIEDMANN, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The court properly found that a term in the written agreement between the parties was ambiguous (see, Van Wagner Advertising Corp. v. S M Enterprises, 67 N.Y.2d 186). Accordingly, the use of extrinsic evidence to determine the intent of the parties was appropriate (see, First Dev. Corp. v. Delco Plainview Realty, 194 A.D.2d 711).
The defendant's remaining contentions are without merit.