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440 EAST 62ND ST. OWNERS CORP. v. 440 EAST 62ND ST. ASSOCS.

217 A.D.2d 426 (1995)

629 N.Y.S.2d 44

440 East 62nd St. Owners Corp., Appellant-Respondent, v. 440 East 62nd Street Associates, L.P., et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

July 6, 1995

The material documents are ambiguous whether defendant Associates was intended to be a purchaser of unsold shares, an ambiguity that is not resolved by the extrinsic evidence offered by the parties, and, upon a review of the merits and relative equities, we decline to disturb the IAS Court's exercise of discretion in denying plaintiff a preliminary injunction in respect thereto (see, After Six v 201 E. 66th St. Assocs., 87 A.D.2d 153

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