NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
March 30, 2010
CREDIT SUISSE SECURITIES (USA) LLC, FORMERLY KNOWN AS CREDIT SUISSE FIRST BOSTON LLC, PLAINTIFF-RESPONDENT,
ASK JEEVES, INC., DEFENDANT-APPELLANT.
Order, Supreme Court, New York County (Eileen Bransten, J.), entered August 21, 2009, which denied defendant's motion for summary judgment, unanimously affirmed, with costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Saxe, J.P., Catterson, Freedman, RomÁn, JJ.
The agreement between the parties was ambiguous, with each side offering its own reasonable interpretation (see LoFrisco v Winston & Strawn LLP, 42 AD3d 304, 307 ; Lantis Eyewear Corp. v Luxottica Group, 294 AD2d 127, 128 ). Furthermore, the extrinsic evidence presented does not resolve the ambiguity or determine the parties' intent at the time they entered the agreement (see NFL Enters. LLC v Comcast Cable Communications, LLC, 51 AD3d 52 ). On the contrary, each party offered evidence supporting its own interpretation, leaving the matter inappropriate for summary disposition (LoFrisco, 42 AD3d at 307).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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