BROADWELL AMERICA, INC. v. BRAM WILL EL

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.