What is the test for determining whether a contract is clear and unambiguous on its face?

"New York", United States of America

The following excerpt is from In re Edelen, 2020 NY Slip Op 20054 (N.Y. Surr. Ct. 2020):

As set forth above, "Where a separation agreement is clear and unambiguous on its face, the parties' intent must be discerned from the four corners of the document, without resort to extrinsic evidence". Dillon v. Dillon, 155 AD3d 1271, 127273 (3d Dept. 2017). Importantly, ". . . courts must exercise caution so as to avoid creating a new contract for the parties 'under the guise of contract construction,' instead striving to ascertain the parties' true intentions, to the extent that they evidenced those intentions in the agreement." Dillon, 155 AD3d at 127273. In other words, the court's role is limited to interpretation and enforcement of the express terms agreed to by the parties the court may not rewrite the contract or impose additional terms

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