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CP JBAM HOLDINGS, LLC v. SHAPIRO

4406, 651630/16.

152 A.D.3d 411 (2017)

2017 NY Slip Op 05506

54 N.Y.S.3d 853

CP JBAM HOLDINGS, LLC, Appellant, v. IRA SHAPIRO et al., Respondents.

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

Decided July 6, 2017.

The "clear and unequivocal meaning" of the contractual language requiring defendant Irene Shapiro to obtain approvals of certain plans is that Shapiro was required merely to seek those approvals (see Mionis v Bank Julius Baer & Co., 301 A.D.2d 104, 110 [1st Dept 2002]). However, that reading would render meaningless or absurd the contractual terms regarding reduction of payment in the face of a failure to obtain the approvals...

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