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KARAN v. SUTTON EAST ASSOCIATES—#88

256 A.D.2d 29 (1998)

680 N.Y.S.2d 509

DONNA KARAN et al., Respondents, v. SUTTON EAST ASSOCIATES—#88 et al., Appellants, et al., Defendants. SUTTON EAST ASSOCIATES—#88, Counterclaim Plaintiff-Appellant, v. DONNA KARAN et al., Counterclaim Defendants-Respondents. AMERICAN DREAM REALTY CORP., Counterclaim Plaintiff-Appellant, v. DONNA KARAN et al., Counterclaim Defendants-Respondents.

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

Decided December 1, 1998.

In this action for the return of down payments made in real estate transactions, the unambiguous provision contained in both of the subject contracts of purchase and sale that the contracts would be null and void absent a closing by a certain date was properly given its plain and ordinary meaning by the motion court, without reference to extrinsic facts (see, Rosalie Estates v Colonia Ins. Co., 227 A.D.2d 335, 336). No triable issue...

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