CHIMART ASSOC. v. PAUL


66 N.Y.2d 570 (1986)

Chimart Associates, Respondent, v. David L. Paul, Appellant.

Court of Appeals of the State of New York.

Decided January 16, 1986.


Attorney(s) appearing for the Case

Robert S. Smith and Dorothy E. Roberts for appellant.

Robert J. Schechter for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, ALEXANDER, TITONE and HANCOCK, JR., concur.


KAYE, J.

Where a written agreement between sophisticated, counseled businessmen is unambiguous on its face, one party cannot defeat summary judgment by a conclusory assertion that, owing to mutual mistake or fraud, the writing did not express his own understanding of the oral agreement reached during negotiations.

The facts are largely uncontested. Defendant, David L. Paul, a businessman and financier...

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