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ESHAGHIAN v. ROSHANZAMIR

10894N, 652577/12.

179 A.D.3d 596 (2020)

117 N.Y.S.3d 231

2020 NY Slip Op 00540

Elyass Eshaghian, Respondent, et al., Plaintiff, v. Asher Roshanzamir, Appellant, et al., Intervenor-Defendant.

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

Decided January 28, 2020.

It is clear from a plain reading of paragraph 9 of the settlement agreement that the holdback provision was intended for the sole purpose of apportioning the building's net income for the three-month period between September 1, 2016 and closing, and nothing more (W.W.W. Assoc. v Giancontieri, 77 N.Y.2d 157, 162 [1990]). The holdback provision is the only provision within paragraph 9 providing...

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