Shapich v. CIBC Bank USA

First Subordination Agreement, drafted by Bank and which Bank required Plaintiff to sign, is ambiguous as to whether Plaintiff's manufacturing company was permitted to pay Plaintiff on the Note, and thus it cannot be determined whether a breach occurred. Thus, court erred in entering summary judgment on Plaintiff's claim for tortious interference with a contractual relationship against the Bank. Court proply denied Bank's motion for summary judgment. (HALL and LAMPKIN, concurring.)