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MASTER-BUILT CONSTRUCTION CO., INC. v. THORNE

22 A.D.3d 535 (2005)

802 N.Y.S.2d 713

MASTER-BUILT CONSTRUCTION CO., INC., Plaintiff, v. OAKLEIGH B. THORNE et al., Defendants. (Action No. 1.) OAKLEIGH B. THORNE, Respondent, v. MASTER-BUILT CONSTRUCTION CO., INC., Appellant, et al., Defendant. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 11, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

"The construction and interpretation of an unambiguous written contract is an issue of law within the province of the court, as is the inquiry of whether the writing is ambiguous in the first instance.... [Where] the language is free from ambiguity, its meaning may be determined as a matter of law on the basis of the writing alone without resort to extrinsic evidence.... The objective [of a court...

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