Bates v. Printmaker International, Ltd.

198 A.D.2d 29, 604 N.Y.S.2d 720

Opinion

Judgment, Supreme Court, New York County (Walter M. Schackman, J.), entered October 28, 1992, which granted plaintiffs motion for partial summary judgment against defendant-appellant in the amount of $163,046.84 plus interest from July 1, 1986, together with costs and disbursements, unanimously affirmed, without costs.

Contrary to defendant-appellant’s contention, there is nothing in the letter agreement between it and plaintiff to indicate that start-up costs of the venture were to be deducted from defendant-appellant’s net profits, upon which plaintiffs compensation was based.

Defendant-appellant’s attempt to vary or contradict the clear language of the agreement, therefore, was properly rejected (see, W.W.W. Assocs. v Giancontieri, 77 NY2d 157, 162). Concur — Sullivan, J. P., Rosenberger, Ellerin and Wallach, JJ.