Winston v. Mezzanine Investments, L.P.

—Order, Supreme Court, New York County (Elliott Wilk, J.), entered August 3, 1993, which denied defendants’ motion for summary judgment, unanimously affirmed, without costs.

We agree with the IAS Court that the word "cumulative”, as used in the definition of the term "Priority Return” in the limited partnership agreement, is ambiguous and its intended meaning cannot be construed as a matter of law. Concur— Rosenberger, J. P., Ross, Rubin, Nardelli and Tom, JJ.