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MING HE v. TIEN HO

23 A.D.3d 524 (2005)

804 N.Y.S.2d 780

JIN MING HE, Appellant, v. JONG TIEN HO et al., Respondents.

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

November 21, 2005.

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

Courts shall enforce the intent of the parties as expressed by the plain language of their contracts (see W.W.W. Assoc. v Giancontieri, 77 N.Y.2d 157, 162 [1990]). Paragraphs 16 and 21 (b) of the parties' contract, read together, expressly provide that if the defendants (hereinafter the sellers), inter alia, were unable to convey title free of tenancies...

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