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CAMAIORE v. FARANCE

50 A.D.3d 471 (2008)

858 N.Y.S.2d 102

MARGUERITE CAMAIORE, Respondent, v. FRANK FARANCE, Appellant.

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

Decided April 17, 2008.

The subject first-priority clause (article [5], paragraph [3] [e]) is clear and unambiguous and does not contain the terms added by the motion court. "In adjudicating the rights of parties to a contract, courts may not fashion a new contract under the guise of contract construction" (Slatt v Slatt, 64 N.Y.2d 966, 967 [1985]). Nor may they "`imply a condition which the parties chose not...

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