JONES APPAREL GROUP, INC. v. POLO RALPH LAUREN CORPORATION


16 A.D.3d 279 (2005)

791 N.Y.S.2d 409

JONES APPAREL GROUP, INC., et al., Respondents, v. POLO RALPH LAUREN CORPORATION et al., Appellants, et al., Defendant. POLO RALPH LAUREN CORPORATION et al., Appellants, v. JONES APPAREL GROUP, INC., et al., Respondents.

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

March 24, 2005.


The court properly concluded that the parties' contract was unambiguous and that the phrase "any of the above-referenced agreements," in paragraph 3 of the Cross-Default and Term Extension Agreement, refers only to the agreements specifically mentioned in paragraphs 1 and 2 (i.e., the operative portion) of the contract. Since the contract is unambiguous on its face, there is no need to refer to its recitals, which are not part of the operative agreement (see Ross v Ross...

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