Scott Mollen, Partner at Herrick, Feinstein LLP

Illusory Contract; Eviction Based on Illegal Use of Premises: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Lewis v. Berger," involving an illusory contract, and "Aldot Holding Corporation v. Ninth Avenue Organic Deli," where a landlord alleged that the tenant was illegally using the premises for the retail sale of cannabis.

September 24, 2024 at 12:58 PM

17 minute read

By Scott Mollen

Contracts—NYS Attorney General Declined To Approve Sale of a Property Owned By a Not-For-Profit Entity—Court Ordered Seller To Return Deposit That Was Contingent Upon the Sale—Seller Owned One Property, But Does Not Actually Own the Property That Was Owned By the Not-For-Profit—Illusory Contracts

This decision involved "an event" that occurred when the plaintiff retained attorney "A" to complete the sale of 9302 Avenue B, Brooklyn, New York, to the defendant pursuant to a contract dated April 24, 2017 for $750,000. When the plaintiff initially signed the contract, she had retained attorney "B." Later she retained attorney "A" to complete the transaction.

The plaintiff had signed a contract to sell two properties: 9302 Avenue B, Brooklyn, New York ("9302") and 9214 Avenue B, Brooklyn, New York ("9214").

NOT FOR REPRINT