Opinion
7419 Index 653910/13
10-23-2018
Q AVIATION MANAGEMENT, LLC, Plaintiff–Appellant, v. ALTERNA CAPITAL PARTNERS LLC, Defendant–Respondent.
Wachtell, Lipton, Rosen & Katz, New York (Leelle Bruerea Krompass of counsel), for appellant. Drinker Biddle & Reath LLP, New York (Andrew P. Foster of counsel), for respondent.
Wachtell, Lipton, Rosen & Katz, New York (Leelle Bruerea Krompass of counsel), for appellant.
Drinker Biddle & Reath LLP, New York (Andrew P. Foster of counsel), for respondent.
Renwick, J.P., Richter, Kahn, Gesmer, Singh, JJ.
Order, Supreme Court, New York County (Andrea Masley, J.), entered July 31, 2017, which granted defendant's motion for summary judgment dismissing the complaint, and denied plaintiff's cross motion for summary judgment, unanimously affirmed, with costs.
The court properly determined that, under the plain language of the parties' agreement, plaintiff was not entitled to commissions (see generally W.W.W. Assoc. v. Giancontieri, 77 N.Y.2d 157, 162, 565 N.Y.S.2d 440, 566 N.E.2d 639 [1990]. The letters of interest plaintiff obtained for defendant's aircraft were non-binding expressions of interest only, not offers or "bona fide offers." The court properly declined to consider extrinsic evidence of the parties' intentions or expert opinion as to the meaning of the unambiguous terms (see generally South Rd. Assoc., LLC v. International Bus. Machs. Corp., 4 N.Y.3d 272, 278, 793 N.Y.S.2d 835, 826 N.E.2d 806 [2005] ; see also News Am. Mktg., Inc. v. Lepage Bakeries, Inc., 16 A.D.3d 146, 148, 791 N.Y.S.2d 80 [1st Dept. 2005] ).