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CHIUSANO v. CHIUSANO

55 A.D.3d 425 (2008)

RITA CHIUSANO, Respondent, v. JOSEPH CHIUSANO, Appellant.

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

October 23, 2008.

The court correctly rejected defendant's contention that the term "MERC seat" in the handwritten paragraph of the modification of the parties' separation agreement refers only to the right to trade on the floor of the mercantile exchange. However, it erred in finding as a matter of law that "MERC seat" includes both the right to trade and the share of NYMEX stock. The term is reasonably susceptible to more than one interpretation (see NFL Enters. LLC v Comcast Cable Communications...

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