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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department — Contract Interpretation: Morales v. Asaree Matters Community Center, et al.

Fourth Department — Contract Interpretation: Morales v. Asaree Matters Community Center, et al.

Appellate Division, Fourth Department

Contract Interpretation

Summary Judgment

Morales v. Asaree Matters Community Center, et al.
CA 12-00459
Appealed from Supreme Court, Erie County

Background: The plaintiff commenced an action seeking damages for injuries she sustained in a near-drowning incident at a pool owned by the defendant, City of Buffalo. The defendant Erie County appealed from an order that dismissed the county’s cross claims for contractual indemnification against the city and the defendant City Parks and Recreation Department. 

Ruling: The Appellate Division modified the order dismissing the cross-claim and reinstated it. The court found that to prevail on summary judgment, the city and the Parks Department’s interpretation of the contract is the only construction that can be relied upon.  The defendant’s failed to do this.

Beverley S. Braun of Jaeckle Fleischmann & Mugel for the defendant-appellant; Hugh M. Russ III of Hodgson Russ for the defendants-respondents