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THOMPSON v. BARRY BERMAN REALTY ASSOCIATES

300 A.D.2d 390 (2002)

751 N.Y.S.2d 532

ALFRED THOMPSON, Appellant, v. BARRY BERMAN REALTY ASSOCIATES, Respondent.

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

Decided December 9, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

It is well settled that "[w]hen an agreement between the parties is clear and unambiguous on its face, it will be enforced according to its terms and without resort to extrinsic evidence" (Charter Realty & Dev. Corp. v New Roc Assoc., 293 A.D.2d 438). Here, the second rider to the contract explicitly permitted the plaintiff buyer to cancel the contract...

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