New York Court of Appeals

Hudson-Port Ewen Associates, L.P. v. Chien Kuo

July 9, 199178 N.Y.2d 944

Summary

The New York Court of Appeals affirmed the Appellate Division's order granting summary judgment for the plaintiff, ordering a return of the down payment and reimbursement of title search costs. The court held that when a contract read as a whole resolves an ambiguity, extrinsic evidence of intent is unavailable, and that the defendants breached their duty to convey an insurable, unencumbered title.