135 WEST 36TH LLC v. WORLD CITY AMERICA INC.


34 A.D.3d 317 (2006)

824 N.Y.S.2d 265

135 WEST 36TH LLC et al., Respondents, v. WORLD CITY AMERICA INC. et al., Defendants, and CHARLES GALLAGHER et al., Appellants.

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

Decided November 16, 2006.


The subject agreements clearly contemplate one $350,000 payment as urged by plaintiffs, not two as urged by defendants. Even if an ambiguity in this regard were created by the differences in the payees in the two agreements, parol evidence shows that defendants' attorney expressly acknowledged defendants' indebtedness, and that it was only after the action was commenced that defendants claimed that they mistakenly believed that two separate payments of $350,000 had been made...

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