Chocolas Associates Ltd. Partnership v. Handelsman

—Order and judgment (one paper), Supreme Court, New York County (Ira Gammerman, J.), entered September 23, 1998, which, after a nonjury trial, inter alia, adjudged that defendants were not entitled to an automatic price reduction in the purchase of real property pursuant to a settlement agreement, unanimously affirmed, with costs.

The trial court properly determined that the terms of the settlement agreement between the parties were sufficiently ambiguous to warrant the introduction of extrinsic evidence, despite the existence of a merger clause (see, Concoff v Occidental Life Ins. Co., 4 NY2d…