GOTHAM PARTNERS, L.P. v. HIGH RIVER LIMITED PARTNERSHIP


33 A.D.3d 453 (2006)

824 N.Y.S.2d 2

GOTHAM PARTNERS, L.P., et al., Respondents, v. HIGH RIVER LIMITED PARTNERSHIP, Appellant.

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

Decided October 19, 2006.


Section 1.4 of the parties' Unit Purchase Agreement unambiguously provided that plaintiff sellers would be entitled to an additional purchase price upon a subsequent "sale or other transfer" of the sale units by defendant purchaser. The motion court, taking into consideration the reasonable expectations of the contracting parties, as their agreement clearly evinces when read in part or as a whole (see Sutton v East Riv. Sav. Bank, 55 N.Y.2d 550

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