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NEWMARK LEWIS, INC. v. OLIM REALTY CORP

Appellate Division of the Supreme Court of New York, Second Department.
Mar 4, 1985

Judgment affirmed, with costs.

Ordinarily, the signer of a written instrument is conclusively bound by its terms ( Pimpinello v. Swift Co., 253 N.Y. 159). Plaintiff did not establish that it came within any of the narrowly circumscribed exceptions to the rule ( Pimpinello v Swift Co., supra; see, Lum v. Antonelli, 102 A.D.2d 258; Sterling Natl. Bank Trust Co. v. I.S.A. Merchandising Corp., 91 A.D.2d 571; Franzek v. Calspan Corp., 78 A.D.2d 134).

We have considered plaintiff's other contentions and find them to be without merit. Gibbons, J.P., Weinstein, Brown and Eiber, JJ., concur.