Legal Opinion
Chimart Associates v. Paul
New York Court of Appeals
Decided January 16, 1986PublishedCited by 520 opinions
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
Where a written agreement between sophisticated, counseled businessmen is unambiguous on its face, one party cannot defeat summary judgment by a conclusory assertion that, owing to mutual mistake or fraud, the writing did not express his own understanding of the oral agreement reached during negotiations.
The facts are largely uncontested. Defendant, David L. Paul, a businessman and financier, was president of AmMart, one of two general partnerships that collectively owned 666 Associates, an Illinois limited partnership whose sole business was the ownership and…
2Cases cited11 opinions
- Teitelbaum Holdings, Ltd. v. GoldNew York Court of Appeals · 1979
- Citibank, N. A. v. PlapingerNew York Court of Appeals · 1985
- George Backer Management Corp. v. Acme Quilting Co.New York Court of Appeals · 1978
- Barash v. PA. TERM. REAL ESTATE CORP.New York Court of Appeals · 1970
- Welles v. . YatesNew York Court of Appeals · 1871
6 more not listed; retrieve them via the Exa API.
3Cited by520 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- White v. Continental Casualty Co.New York Court of Appeals · 2007
- Paul M. Ellington v. EMI Music, Inc.New York Court of Appeals · 2014
- Wallace v. 600 Partners Co.New York Court of Appeals · 1995
- Rainbow v. SwisherNew York Court of Appeals · 1988
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