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RIVERSIDE S. PLANNING CORP. v. CRP/EXTELL RIVERSIDE, L.P.

60 A.D.3d 61 (2008)

869 N.Y.S.2d 511

RIVERSIDE SOUTH PLANNING CORPORATION, Respondent, v. CRP/EXTELL RIVERSIDE, L.P., et al., Appellants.

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

Decided December 30, 2008.

Attorney(s) appearing for the Case

Michael C. Marcus, Long Beach, and Schlam Stone & Dolan LLP, New York City (Richard H. Dolan of counsel), for appellants.

Cravath, Swaine & Moore LLP, New York City (Max R. Shulman of counsel), for respondent.

TOM, J.P., and SAXE, J., concur with CATTERSON, J.; WILLIAMS and MOSKOWITZ, JJ., dissent in a separate opinion by MOSKOWITZ, J.

OPINION OF THE COURT

CATTERSON, J.

The instant appeal presents the issue of one party seeking to obtain through litigation and rhetoric what it plainly could not obtain from its adversaries through contract negotiations. Plaintiff claims that it is entitled to the enforcement of certain design guidelines indefinitely and absolutely. We find that it is not entitled to such enforcement because the terms of the underlying contract are plain and unambiguous...

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