Legal Opinion

Rosen's Café, LLC v. 51st Madison Gourmet Corp.

Appellate Division of the Supreme Court of the State of New York

Decided May 13, 2014Published

1Opinion of the Court

Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered on or about April 25, 2013, which, after a nonjury trial, directed that plaintiff recover the amount of $2,000 against the corporate defendant, and authorized defendants’ counsel to release remaining monies held in escrow, less his fees, to defendants, unanimously affirmed, without costs.

Where the parties set down the terms of their agreement (for the sale of defendants’ restaurant business to plaintiff) in a clear and unambiguous writing, the agreement should be enforced according to its plain meaning (see generally…

2Cases cited10 opinions

  1. W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
  2. White v. Continental Casualty Co.New York Court of Appeals · 2007
  3. Muzak Corp. v. Hotel Taft Corp.New York Court of Appeals · 1956
  4. Schron v. Troutman Sanders LLPNew York Court of Appeals · 2013
  5. Riverside South Planning Corp. v. CRP/Extell Riverside, L.P.New York Court of Appeals · 2009

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