Legal Opinion
Newmark & Lewis, Inc. v. Olim Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 1985PublishedCited by 5 opinions
1Opinion of the Court
— In an action, inter alia, to recover an overpayment of rent pursuant to a lease between the parties and to reform the lease, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Spatt, J.), dated November 10, 1983, which, after a nonjury trial, dismissed the complaint on the merits.
Judgment affirmed, with costs.
Ordinarily, the signer of a written instrument is conclusively bound by its terms (Pimpinello v Swift & Co., 253 NY 159). Plaintiff did not establish that it came within any of the narrowly circumscribed exceptions to the rule (Pimpinello v Swift & Co., supra; see,…
2Cases cited4 opinions
- Pimpinello v. Swift & Co.New York Court of Appeals · 1930
- Lum v. AntonelliAppellate Division of the Supreme Court of the State of New York · 1984
- Franzek v. Calspan Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Sterling National Bank & Trust Co. v. I. S. A. Merchandising Corp.Appellate Division of the Supreme Court of the State of New York · 1982
3Cited by5 opinions
- Marine Midland Bank v. Embassy East, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Chrysler Credit Corp. v. KosalAppellate Division of the Supreme Court of the State of New York · 1987
- Shochat v. WeiszDistrict Court, E.D. New York · 1992
- Pix Furniture, Inc. v. Loew's Theatres & Realty Corp.New York Supreme Court · 1986
- Career Blazers of White Plains Inc. v. Northern Homefunding Corp.White Plains City Court · 2003