Slamow v. Del Col

New York Court of Appeals

Slamow v. Del Col

79 N.Y.2d 1016

CourtNew York Court of Appeals

DecidedMay 7, 1992

StatusPublished

Cited by120 cases

This text of 79 N.Y.2d 1016 (Slamow v. Del Col) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Slamow v. Del Col, 79 N.Y.2d 1016 (N.Y. 1992).

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated by the Appellate Division (174 AD2d 725).

We would but add the following, in response to the dissent. The best evidence of what parties to a written agreement intend is what they say in their writing. Here, the words used in the parties’ contract are clear and unambiguous, and entitle the purchasers to return of their down payment. That this may be a standard clause in a form for the sale of real property suggests even more strongly that the clause should be rewritten if it is indeed inaccurate, rather than for this Court to speculate as to what the parties to a particular transaction could have believed it meant.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated by the Appellate Division (174 AD2d 725).

We would but add the following, in response to the dissent. The best evidence of what parties to a written agreement intend is what they say in their writing. Here, the words used in the parties’ contract are clear and unambiguous, and entitle the purchasers to return of their down payment. That this may be a standard clause in a form for the sale of real property suggests even more strongly that the clause should be rewritten if it is indeed inaccurate, rather than for this Court to speculate as to what the parties to a particular transaction could have believed it meant.

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Bluebook (online)

79 N.Y.2d 1016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slamow-v-del-col-ny-1992.

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