261 A.D. 256 | N.Y. App. Div. | 1941
The agreement having been drawn by the defendant is to be most strongly construed against it (Ruwe Co., Inc., v. Layne & Bowler, Inc., 238 App. Div. 426, 428) and judged in the light of the situation of the parties at the time it was made. (Gillet v. Bank of America, 160 N. Y. 549, 555.) Moreover, a construction of an agreement that results in placing one party at the mercy of the other is to be avoided if possible. (Simon v. Etgen 213 N. Y. 589; McAvoy v. Schramme, 238 App. Div. 225; affd., 263 N. Y. 548.)
It follows, therefore, that the determination of the Appellate-Term and the judgment of the trial court in setting aside the verdict in favor of the plaintiff and dismissing the complaint should be reversed, and the verdict reinstated, with costs to the plaintiff in all courts.
Martin, P. J., Townley, Cohn and Callahan, JJ., concur.
Determination of the Appellate Term, and the judgment of the City Court in setting aside the verdict in favor of the plaintiff and dismissing the complaint, unanimously reversed, and the verdict reinstated, with costs to the plaintiff in all courts.