Mellon Bank, N.A. v. United Bank Corporation Of New York

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that there was no manifest injustice where appellant had the opportunity to present the argument and evidence supporting it to the district court
• concluding that, because the contract language was ambiguous, the district court should have considered extrinsic evidence of the parties’ conduct after the alleged breach of contract
• concluding that, because the contract language was ambiguous, the district court should have considered extrinsic evidence of the partiesʹ conduct after the alleged breach of contract
• summary judgment is appropriate “if the language of 4 the contract is ‘wholly unambiguous.’”
• “[A]m-biguity itself is not enough to preclude summary judgment. Rather, in order for the parties’ intent to become an issue of fact barring summary judgment, there must also exist relevant extrinsic evidence of the parties’ actual intent.”
• “[A]mbiguity itself is not enough to preclude summary judgment. Rather, in order for the parties’ intent to become an issue of fact barring summary judgment, there must also exist relevant extrinsic evidence of the parties’ actual intent.”

Source: CourtListener parenthetical corpus (CC0).