april 15, 2008 - Criminal Law Library Blog

More documents

Recommendations

Info

Lippman, P.J., Tom, Williams, Acosta, JJ. 3391- 3391A 1166 EJM LLC, Index 118057/06 Plaintiff-Appellant, -against- Marsh & McLennan Companies, Inc., Defendant-Respondent. _________________________ Stempel Bennett Claman & Hochberg, P.C., New York (Richard L. Claman of counsel), for appellant. Greenberg Traurig, LLP, New York (Leslie D. Corwin of counsel), for respondent. _________________________ Judgment, Supreme Court, New York County (Louis B. York, J.), entered December 6, 2007, dismissing the action, and bringing up for review an order, same court and Justice, entered November 28, 2007, which granted defendant’s motion for summary judgment, unanimously affirmed, with costs. Appeal from the aforesaid order unanimously dismissed, without costs, as subsumed in the appeal from the judgment. This action for reformation sought a $5 million reduction in the selling price of several floors of a commercial condominium building based on the seller’s alleged failure to disclose certain utility charges. The court correctly interpreted the unambiguous provisions (see White v Continental Cas. Co., 9 NY3d 264, 267 [2007]) in the contract between these sophisticated parties in finding plaintiff’s claims barred by, inter alia, the specific disclaimer regarding expenses and income (see generally 4
Danann Realty Corp. v Harris, 5 NY2d 317 [1959]), the disclaimer of reliance, and the acknowledgment that plaintiff had been afforded the opportunity to conduct its own investigation. The evidence did not support plaintiff’s contention that the disclaimers should be circumvented by any alleged disparity of knowledge between the parties. We have considered plaintiff’s other contentions and find them unavailing. THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. ENTERED: APRIL <strong>15</strong>, <strong>2008</strong> _______________________ CLERK 5
Page 1 and 2: SUPREME COURT, APPELLATE DIVISION F
Page 3: Lippman, P.J., Tom, Williams, Acost
Page 7 and 8: Circle Rubbish launched “a force
Page 9 and 10: classes, and scheduling visits with
Page 11 and 12: Lippman, P.J., Tom, Williams, Acost
Page 13 and 14: was cut too deep. Defendants’ the
Page 21 and 22: witnesses and collective tailoring
Page 23 and 24: stipulated to the grounds, and the
Page 29 and 30: Mullaney v Wilbur, 421 US 684 [1975
Page 33 and 34: liability claims “share few, if a
Page 35 and 36: ecords of drug transactions and def
Page 37 and 38: argument that this testimony invade
Page 39 and 40: in the 12 hours prior to plaintiff
Page 41 and 42: individual as the sole tenant in th
Page 43 and 44: opposed the motion, and pending the
Page 45 and 46: that defendant’s vehicle was regi
Page 47 and 48: arrests respectively. In fact, one
Page 49 and 50: inmate-victim who vaguely claimed t
Page 51 and 52: CATTERSON, J. (dissenting) Because
Page 53 and 54: person that’s in the cell closest
Page 55 and 56:
evidence that anyone had intimidate
Page 57 and 58:
him. See People v. Harte, 29 A.D.3d
Page 59 and 60:
summary judgment on his Labor Law
Page 61 and 62:
aise a triable issue as to construc
Page 63 and 64:
specific substance of the conversat
Page 65 and 66:
Gonzalez, J.P., Williams, Catterson
Page 67 and 68:
Mazzarelli, J.P., Andrias, Friedman
Page 69 and 70:
interest of justice. As an alternat
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
leave to amend the complaint to ass
Page 79 and 80:
in the first degree. After being de
Page 81 and 82:
Page 83 and 84:
decline to review it in the interes
Page 85 and 86:
panelist understood that he needed
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
to be compensated for its services
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Lippman, P.J., Saxe, Nardelli, Will
Page 101 and 102:
Lippman, P.J., Tom, Mazzarelli, And
Page 103 and 104:
Tom, J.P., Andrias, Friedman, Gonza
Page 105 and 106:
Page 107 and 108:
Gonzalez, J.P., Nardelli, Buckley,
Page 109:
The Following Orders Were Entered A
show all

april 15, 2008 - Criminal Law Library Blog

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?