Hambrecht & Quist Guar. Fin., LLC v El Coronado Holdings, LLC
2006 NY Slip Op 01516 [27 AD3d 204]
March 2, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 17, 2006


Hambrecht & Quist Guaranty Finance, LLC, et al., Respondents,
v
El Coronado Holdings, LLC, et al., Appellants.

[*1]Order, Supreme Court, New York County (Charles E. Ramos, J.), entered January 6, 2005, which denied defendants' motion to dismiss the complaint pursuant to CPLR 3211 (a) (7), unanimously affirmed, with costs.

The contract provisions at issue are susceptible of reasonable interpretations supportive of differing outcomes to the parties' dispute. This being the case, extrinsic evidence is permitted to resolve the ambiguity and determine the intent of the parties at the time of the contract (see Evans v Famous Music Corp., 1 NY3d 452 [2004]). Concur—Buckley, P.J., Andrias, Saxe, Friedman and Williams, JJ.