Practice point: Agreements will be construed in accord with the parties' intent, and the best evidence of the parties' intent is what their writing says. If the agreement is set down in a clear and complete document, it will be enforced according to its terms. The Appellate Division notes that this rule is especially applicable where there are sophisticated parties who are negotiating at arms' length.
Student note: The agreement's language is deemed to be clear and unambiguous where it is reasonably susceptible of only one meaning or interpretation, and extrinsic evidence may not be introduced to create an ambiguity in an otherwise clear document.
Case: Marin v. Constitution Realty, LLC, NY Slip Op 04225 (1st Dept. 2015)
Here is the decision.
Tomorrow's issue: Waiving an argument of duress.
