AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

BROADWELL AMERICA, INC., Plaintiff-Appellant, v. BRAM WILL EL LLC, ET AL., Defendants-Respondents.

The commercially reasonable meaning of the contract was that it was merely an option to purchase. The motion court properly gave effect to the limitation of remedies provisions in denying a reduction in the purchase price based on the sellers' alleged misrepresentations ( see Chelsea v. Seventh Chelsea Assoc., 304 A.D.2d 498; cf. 9 Bros. Bldg. Supply Corp. v. Buonamicia, 299 A.D.2d 529), and declined to rewrite the contract to include the term sought by plaintiff ( see Chimart Assoc. v. Paul, 66 N.Y.2d 570, 573). We have reviewed plaintiff's other contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

Use AI to get other relevant cases.

Comments

BROADWELL AMERICA, INC. v. BRAM WILL EL
(May 20, 2004)