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USA RECYCLING INC. v. BALDWIN ENDICO REALTY ASSOC., INC.

Index No. 305615/13. Appeal No. 13202. Case No. 2019-03630.

191 A.D.3d 619 (2021)

139 N.Y.S.3d 529

2021 NY Slip Op 01222

USA Recycling Inc., Appellant, v. Baldwin Endico Realty Associates, Inc., Respondent.

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

Decided February 25, 2021.

Attorney(s) appearing for the Case

Anthony J. Centone, P.C., Mohegan Lake ( Anthony J. Centone of counsel), for appellant.

LePatner & Associates, LLP, New York ( Harry J. Petchescky of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Singh, Mendez, JJ.

The motion court correctly enforced the contract for the purchase of real property in accordance with its plain terms (see W.W.W. Assoc. v Giancontieri, 77 N.Y.2d 157, 162 [1990]). Plaintiff's contention that it is entitled to an additional, extra-contractual credit of $120,000, which it claims was paid to defendant two years before the contract was entered into, is insufficient to create an ambiguity. "Such a fundamental condition...

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