| Merrill Lynch Mtge. Invs. Trust, Series 2006-RM4 v Merrill Lynch Mtge. Lending, Inc. |
| 2014 NY Slip Op 04444 [118 AD3d 555] |
| June 17, 2014 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Merrill Lynch Mortgage Investors Trust, Series
2006-RM4, et al., Respondents, v Merrill Lynch Mortgage Lending, Inc., et al., Appellants. |
Munger, Tolles & Olson LLP, Los Angeles, CA (Fred A. Rowley, Jr. of the California bar, admitted pro hac vice, of counsel), for appellants.
Quinn Emanuel Urquhart & Sullivan, LLP, New York (Philippe Z. Selendy of counsel), for respondents.
Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered September 28, 2013, which, to the extent appealed from as limited by the briefs, denied defendants' motion to dismiss the breach of contract claims as against Merrill Lynch Mortgage Lending, Inc., unanimously affirmed, without costs.
We affirm, for reasons different from those given by the motion court. The contract provision at issue is ambiguous, and therefore its meaning cannot be determined without reference to extrinsic evidence (see Chimart Assoc. v Paul, 66 NY2d 570, 572-573 [1986]). Concur—Sweeny, J.P., Renwick, Andrias, Richter and Kapnick, JJ. [Prior Case History: 2013 NY Slip Op 32189(U).]