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BROADWELL AMERICA, INC. v. BRAM WILL EL LLC

7 A.D.3d 411 (2004)

776 N.Y.S.2d 483

BROADWELL AMERICA, INC., Appellant, v. BRAM WILL EL LLC ET AL., Respondents.

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

May 20, 2004.

The commercially reasonable meaning of the contract was that it was merely an option to purchase. The motion court properly gave effect to the limitation of remedies provisions in denying a reduction in the purchase price based on the sellers' alleged misrepresentations (see Chelsea v Seventh Chelsea Assoc., 304 A.D.2d 498 [2003]; cf. 9 Bros. Bldg. Supply Corp. v Buonamicia, 299 A.D.2d 529

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