LITTLE FALLS NEW JERSEY PASSAIC COUNTY FAMILY LAW MEDIATION

The ex-wife sued for breach of contract, disputing the meaning of a provision that allegedly gave her rights in various published works written by the ex-husband. She argued she was entitled to 25 percent of the income generated, regardless of whether the books were written before or after the divorce. The language of the divorce agreement was ambiguous; therefore, extrinsic evidence of the drafting process merely offered a different view of the meaning of the contested term "fiction and non-fiction." Because this did not "cement" the issue, the ambiguity precluded summary judgment. At the same time, the claims were not dismissed, since the breach of contract claim was within the limitations period.       Kellman v. Mosley, New York County, March 13, 2008, <http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=97299>