Scott Mollen Attorney Fees; Untimely Tax Assessment Challenge: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "Stempeck v. Townhouse West 83rd," dealing with attorney fees, and "Coscia v. Town of Greenburgh," involving an untimely tax assessment challenge proceeding.
January 02, 2024 at 01:52 PM
13 minute read
Contracts—Attorney Fees—Breach of Contract Claim Merged Into Deed Upon Completion of Transaction—Parties Did Not Intend Provisions Concerning HVAC System To Survive Closing—Motion for Attorney Fees Denied—Prevailing Party Attorney Fees Provision Inapplicable Based On Merger Doctrine
A plaintiff commenced an action for damages, asserting a breach of contract claim based on a residential property contract of sale. A defendant moved for an order directing the plaintiff to pay the defendant's reasonable attorney fees and disbursements, as well as the defendant's costs, or in the alternative, for the matter to be set down for a hearing to determine reasonable attorney fees. The court denied the plaintiff's motion.
The plaintiff had alleged that the premises contained a "latent defect," i.e. a "defective heating, ventilation, and air conditioning (HVAC) system" that required extensive and "costly remediation work." The court had granted the defendant's motion to dismiss the breach of contract claim, holding that the plaintiff's "contract claim merged into a deed upon completion of the transaction and that the parties did not intend the paragraphs of the agreement concerning condition of the HVAC system to survive the closing…."
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