SCHRON v. TROUTMAN SANDERS

7472, 650702/10, 600736/10.

97 A.D.3d 87 (2012)

945 N.Y.S.2d 25

2012 NY Slip Op 3966

RUBIN SCHRON et al., Plaintiffs, and CAMMEBY'S EQUITY HOLDINGS LLC, Respondent, v. TROUTMAN SANDERS LLP et al., Defendants, and LEONARD GRUNSTEIN et al., Appellants. MICH II HOLDINGS LLC et al., Plaintiffs, and SVCARE HOLDINGS, LLC, et al., Appellants, v. RUBIN SCHRON et al., Defendants, and CAMMEBY'S EQUITY HOLDINGS LLC, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

May 22, 2012.


Attorney(s) appearing for the Case

DLA Piper LLP (US), New York City ( Shand S. Stephens , Anthony P. Coles and Michael R. Hepworth of counsel), for appellants.

Dechert LLC, New York City ( Andrew J. Levander , Steven A. Engel and Nicolle L. Jacoby of counsel), for respondent.

TOM, J.P., ACOSTA and FREEDMAN, JJ., concur with CATTERSON, J.


OPINION OF THE COURT

CATTERSON, J.

In this action, the defendants are seeking to avoid the plain language of an option to purchase a national nursing-home company by incorporating into it a separate loan agreement through the use of parol evidence. Two motion courts correctly rejected this tortured argument and we therefore affirm.

Plaintiff Rubin Schron is a real estate investor who operates through...

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