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NEW CH. CAPITAL, INC. v. KARAMBELAS

653965/19. Appeal No. 14404-14404A. Case No. 2020-04234. 2020-04235.

198 A.D.3d 513 (2021)

152 N.Y.S.3d 795

2021 NY Slip Op 05670

New Chapter Capital, Inc., Appellant, v. Andrea Karambelas, Respondent, et al., Defendant.

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

Decided October 19, 2021.

Attorney(s) appearing for the Case

Shaw & Binder, P.C., New York ( Stuart F. Shaw of counsel), for appellant.

Michael P. Lagnado , New York, for respondent.

Concur—Gische, J.P., Webber, Mazzarelli, Moulton, Pitt, JJ.

The relevant paragraph of the litigation financing agreement, pursuant to which plaintiff purchased from the decedent the right to receive certain proceeds in the decedent's divorce action, was clear and unambiguous. Therefore, extrinsic evidence was not admissible to explain its meaning (see R/S Assoc. v New York Job Dev. Auth., 98 N.Y.2d 29, 33 [2002]).

That the agreement expressly provided for recovery of advances in certain...

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