OLSENHAUS PURE VEGAN, LLC v. ELECTRIC WONDERLAND, INC.

12137, 651448/10

116 A.D.3d 449 (2014)

983 N.Y.S.2d 506

2014 NY Slip Op 2343

OLSENHAUS PURE VEGAN, LLC, Appellant-Respondent, v. ELECTRIC WONDERLAND, INC., Doing Business as SHOWROOM SEVEN, Respondent-Appellant.

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

Decided April 3, 2014.


Showroom Seven agreed to the terms of an addendum, by signing the agreement, which clearly states that "S7 agrees to terms of Addendum provided by Designer-page attached." A "writing should as a rule be enforced according to its terms" (W.W.W. Assoc. v Giancontieri, 77 N.Y.2d 157, 162 [1990]). To the extent two versions of the addendum were submitted, it is undisputed that the first paragraph of each version provides that Showroom...

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