Legal Opinion

CP JBAM Holdings, LLC v. Shapiro

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

Decided July 6, 2017No. 4406 651630/16Published

1Opinion of the Court

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered February 9, 2017, which, insofar as appealed from as limited by the briefs, granted defendants’ motion to dismiss the first cause of action as against defendant Irene Shapiro, and the second and fifth causes of action, unanimously reversed, on the law, and the motion denied.

The “clear and unequivocal meaning” of the contractual language requiring defendant Irene Shapiro to obtain approvals of certain plans is that Shapiro was required merely to seek those approvals (see Mionis v Bank Julius Baer & Co., 301 AD2d 104,…

2Cases cited4 opinions

  1. Mionis v. Bank Julius Baer & Co.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Ambac Assurance UK Ltd. v. J.P. Morgan Investment Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Mirvish v. MottNew York Court of Appeals · 2012
  4. Chen v. YanAppellate Division of the Supreme Court of the State of New York · 2013

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