623 N.Y.S.2d 33 | N.Y. App. Div. | 1995
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff, Niagara Frontier Transit Metro System, Inc. (Metro), is entitled to summary judgment on its causes of action for breach of contract. Where the contract is unambiguous on its face, it should be construed as a matter of law and summary judgment is appropriate (see, W.W.W. Assocs. v Giancontieri, 77 NY2d 157, 162; Smith v Estate of LaTray, 161 AD2d 1178). We conclude that the contract language is clear and unambiguous and that there is no reasonable interpretation of the contract other than that the responsibility of the County of Erie (County) to provide funds pursuant to the contract is "in addition to” its obligation pursuant to Transportation Law § 18-b.
Supreme Court erred by refusing to consider, on Metro’s motion for summary judgment, the financial statement of the Niagara Frontier Transportation Authority (NFTA), of which
We see no reason to stay execution of partial summary judgment until the resolution of defendant’s counterclaims; defendant failed to identify any prejudice that would result if plaintiff is allowed to enforce its partial summary judgment (see, Stigwood Org. v Devon Co., 44 NY2d 922). (Appeal from Order of Supreme Court, Erie County, Howe, J.—Summary Judgment.) Present—Lawton, J. P., Fallon, Wesley, Doerr and Boehm, JJ.