GOLDSTEIN v. ACCUSCAN INC (2004)

Court of Appeals of New York.

Amnon GOLDSTEIN, Respondent, v. ACCUSCAN, INC., et al., Appellants.

Decided: June 03, 2004

Hofheimer Gartlir & Gross, LLP, New York City (David L. Birch of counsel), for appellants. Muldoon, Horgan & Loughman, LLP, New Rochelle (Edward D. Loughman, III, of counsel) for respondent.

OPINION OF THE COURT

The order of the Appellate Division should be affirmed, with costs.

“[W]hen parties set down their agreement in a clear, complete document, their writing should as a rule be enforced according to its terms” (Signature Realty, Inc. v. Tallman, 2 NY3d 810, 781 N.Y.S.2d 259, 814 N.E.2d 429, quoting R/S Assoc. v. New York Job Dev. Auth., 98 N.Y.2d 29, 32, 744 N.Y.S.2d 358, 771 N.E.2d 240 [2002] ). The parties' agreement states that AccuScan, Inc. shall pay its consultant, Amnon Goldstein, “10% of all amounts received” by AccuScan in excess of $4 million in settlements obtained or license fees awarded regarding certain patents. AccuScan argues that “all amounts received,” in fact, means all amounts received net of attorneys' fees. As the Appellate Division correctly observed, however, the contract's clear language does not admit of this qualification (307 A.D.2d 913, 914, 762 N.Y.S.2d 903 [2d Dept. 2003] ). Finally, the existence of an attorney's charging lien does not alter AccuScan's contractual obligation to Goldstein.

Order affirmed, with costs, in a memorandum.

MEMORANDUM.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

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