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KOCAK v. DARGIN

Index No. 652072/16. Appeal Nos. 14582-14582A. Case Nos. 2020-04151, 2020-04975.

199 A.D.3d 456 (2021)

158 N.Y.S.3d 13

2021 NY Slip Op 06084

Ismail Kocak, Respondent, v. Ayhan Dargin et al., Appellants, et al., Defendant.

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

Decided November 9, 2021.

Attorney(s) appearing for the Case

Law Offices of Thomas F. Liotti, LLC Garden City ( Thomas F. Liotti of counsel), for appellants.

Rosenfeld & Kaplan, LLP, New York ( Nicole E. Meyer of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Oing, Moulton, Scarpulla, JJ.

Defendant-appellant Ayhan Dargin may not use parol or extrinsic evidence to contradict the plain, unambiguous terms of the Baba's stock transfer agreement and the employment contract. Resort to extrinsic evidence "is inappropriate ... [if] the language of the contract is plain and unambiguous" (American Express Bank v Uniroyal, Inc., 164 A.D.2d 275, 278 [1st Dept 1990], lv denied 77 N.Y.2d 807 [1991]). The employment contract...

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