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1166 EJM LLC v. MARSH & McLENNAN COMPANIES, INC.

50 A.D.3d 424 (2008)

855 N.Y.S.2d 479

1166 EJM LLC, Appellant, v. MARSH & McLENNAN COMPANIES, INC., Respondent.

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

Decided April 15, 2008.

This action for reformation sought a $5 million reduction in the selling price of several floors of a commercial condominium building based on the seller's alleged failure to disclose certain utility charges. The court correctly interpreted the unambiguous provisions (see White v Continental Cas. Co., 9 N.Y.3d 264, 267 [2007]) in the contract between these sophisticated parties in finding plaintiff's claims barred by, inter alia...

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