Newmark & Lewis, Inc. v. Olim Realty Corp.

Full title: NEWMARK LEWIS, INC., Appellant, v. OLIM REALTY CORP., Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 4, 1985

109 A.D.2d 737 (N.Y. App. Div. 1985)

Opinion

March 4, 1985

Appeal from the Supreme Court, Nassau County (Spatt, J.).

Judgment affirmed, with costs.

Ordinarily, the signer of a written instrument is conclusively bound by its terms ( Pimpinello v. Swift Co., 253 N.Y. 159). Plaintiff did not establish that it came within any of the narrowly circumscribed exceptions to the rule ( Pimpinello v Swift Co., supra; see, Lum v. Antonelli, 102 A.D.2d 258; Sterling Natl. Bank Trust Co. v. I.S.A. Merchandising Corp., 91 A.D.2d 571; Franzek v. Calspan Corp., 78 A.D.2d 134).

We have considered plaintiff's other contentions and find them to be without merit. Gibbons, J.P., Weinstein, Brown and Eiber, JJ., concur.