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COUNTY OF ORANGE v. CARRIER CORPORATION

57 A.D.3d 601 (2008)

869 N.Y.S.2d 211

COUNTY OF ORANGE, Respondent, v. CARRIER CORPORATION et al., Appellants.

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

December 9, 2008.

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

When the language of a contract is ambiguous, its construction presents a question of fact that may not be resolved by the court on a motion for summary judgment (see Amusement Bus. Underwriters v American Intl. Group, 66 N.Y.2d 878, 880-881 [1985]; DiLorenzo v Estate Motors, Inc., 22 A.D.3d 630, 631 [2005]...

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