Scott Mollen, Partner at Herrick, Feinstein. Realty Law Digest
In this edition of his Realty Law Digest column, Scott Mollen discusses a contracts case, "110 East 138 Realty v. Rydan Realty', where the court held that a real estate purchaser who defaults on his contract is not entitled to the down payment, and a landlord-tenant case, "Hibbert v. Powell," where the court awarded the tenant punitive damages after the owner shut off the water supply during the pandemic.
July 20, 2021 at 01:22 PM
17 minute read
Contracts—Seller Entitled To Retain Down Payment—Purchaser Claimed Entitlement to Deposit Based on Alleged Breach of Contractual Warranties Involving a 1983 appropriation—Court Held That Permitted Exceptions Included the 1983 Appropriation and Even if It Was Not Permitted Exception, Purchaser Waived Right To Terminate by Failing To Terminate Within Due Diligence Period and Continuing To Perform After Receipt of Title Report Which Disclosed the Appropriation
A defendant seller moves to dismiss the plaintiff purchaser's complaint pursuant to CPLR 3211(a)(1) and (a)(7). The court granted the defendant's motion to dismiss based on documentary evidence.
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