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ARHC BSHUMMO01, LLC v. BIG SPRING PROP. HOLDINGS LLC

Index No. 652920/19. Appeal No. 13144. Case No. 2020-02119.

191 A.D.3d 519 (2021)

138 N.Y.S.3d 349

2021 NY Slip Op 00987

ARHC BSHUMMO01, LLC, et al., Respondents-Appellants, v. Big Spring Property Holdings LLC et al., Appellants-Respondents.

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

Decided February 16, 2021.

Attorney(s) appearing for the Case

Jacobowitz Newman Tversky LLP, Cedarhurst ( Nathan Cohen of counsel), for appellants-respondents.

Arent Foxx LLP, New York ( David N. Wynn of counsel), for respondents-appellants.

Concur— Manzanet-Daniels, J.P., Webber, Oing, Kennedy, JJ.

"[A] written agreement that is clear and unambiguous on its face must be enforced according to the plain meaning of its terms, and extrinsic evidence of the parties' intent may be considered only if the agreement is ambiguous" (Banco Espirito Santo, S.A. v Concessionaria Do Rodoanel Oeste S.A., 100 A.D.3d 100, 106 [1st Dept 2012]). There were three mechanisms for recovery under the parties' escrow agreement, set forth in section...

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