Cuomo v. Mahopac National Bank
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*622In an action to recover damages for breach of contract and breach of fiduciary duty, the defendant appeals from an order of the Supreme Court, Putnam County (Hickman, J.), dated March 14, 2003, which denied its motion, in effect, pursuant to CPLR 3211 (a) (7) to dismiss the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
It is a primary rule of contract construction that “when parties set down their agreement in a clear, complete document, their writing should as a rule be enforced according to its terms” (W.W.W.…
2Cases cited9 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Teitelbaum Holdings, Ltd. v. GoldNew York Court of Appeals · 1979
- Wiener v. Lazard Freres & Co.Appellate Division of the Supreme Court of the State of New York · 1998
- WIT Holding Corp. v. KleinAppellate Division of the Supreme Court of the State of New York · 2001
- River Glen Associates, Ltd. v. Merrill Lynch Credit Corp.Appellate Division of the Supreme Court of the State of New York · 2002
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
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- Step-Murphy v. B&B Brothers Real Estate Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Sheriff's Silver Star Ass'n v. County of OswegoAppellate Division of the Supreme Court of the State of New York · 2006
5 more not listed; retrieve them via the Exa API.