Legal Opinion

W.W.W. Associates, Inc. v. Giancontieri

New York Court of Appeals

Decided December 27, 1990PublishedCited by 1,270 opinions

1Opinion of the Court

*159OPINION OF THE COURT

Kaye, J.

In this action for specific performance of a contract to sell real property, the issue is whether an unambiguous reciprocal cancellation provision should be read in light of extrinsic evidence, as a contingency clause for the sole benefit of plaintiff purchaser, subject to its unilateral waiver. Apply*160ing the principle that clear, complete writings should generally be enforced according to their terms, we reject plaintiffs reading of the contract and dismiss its complaint.

Defendants, owners of a two-acre parcel in Suffolk County, on October 16, 1986 contracted for…

2Cases cited14 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
  3. Chimart Associates v. PaulNew York Court of Appeals · 1986
  4. Intercontinental Planning, Ltd. v. Daystrom Inc.New York Court of Appeals · 1969
  5. Rentways, Inc. v. O'Neill Milk & Cream Co.New York Court of Appeals · 1955

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3Cited by1,270 opinions

  1. Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
  2. Caisse Nationale De Credit Agricole, a French Banking Corporation v. Cbi Industries, Incorporated, a Delaware Corporation, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1996
  3. Eternity Global Master Fund Limited v. Morgan Guaranty Trust Company of New York and Jpmorgan Chase BankCourt of Appeals for the Second Circuit · 2004
  4. Tom Doherty Associates, Inc. D/B/A Tor Books v. Saban Entertainment, Inc. And Saban International N.V.Court of Appeals for the Second Circuit · 1995
  5. Orlander v. Staples, Inc.Court of Appeals for the Second Circuit · 2015

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