GUY MASIACH, plf-ap, v. 420 WEST INVESTORS, LLC, defres — Andrew J. Spinnell, New York, for ap

9227. GUY MASIACH, plf-ap, v. 420 WEST INVESTORS, LLC, defres — Andrew J. Spinnell, New York, for ap — Starr Associates LLP, New York (Shaun W. Pappas of counsel), for res — Judgment, Supreme Court, New York County (Debra A. James, J.), entered March 1, 2012, dismissing the complaint pursuant to an order, same court and Justice, entered June 21, 2011, which granted defendant's cross motion for summary judgment dismissing the complaint, and denied plaintiff's motion to strike or preclude as moot, unanimously affirmed, with costs.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

9227. GUY MASIACH, plf-ap, v. 420 WEST INVESTORS, LLC, defres — Andrew J. Spinnell, New York, for ap — Starr Associates LLP, New York (Shaun W. Pappas of counsel), for res — Judgment, Supreme Court, New York County (Debra A. James, J.), entered March 1, 2012, dismissing the complaint pursuant to an order, same court and Justice, entered June 21, 2011, which granted defendant’s cross motion for summary judgment dismissing the complaint, and denied plaintiff’s motion to strike or preclude as moot, unanimously affirmed, with costs.

We find that the express language of the offering plan, incorporated by reference into the purchase agreement entered into by the parties, limits defendant’s obligation under the purchase agreement to making repairs, or alternatively, recompensing for repairs made (see 430 W. 23rd St. Tenants Corp. v. 23rd Assoc., 155 AD2d 237, 238 [1st Dept 1989]). To construe the purchase agreement otherwise would, in effect, render the express language of the offering plan meaningless (see Diamond Castle Partners IV PRC, L.P. v. IAC/ InterActiveCorp, 82 AD3d 421, 422 [1st Dept 2011]). Accordingly, plaintiff’s claims seeking rescission of the purchase agreement and monetary damages for loss of rental income are barred by the express language of the offering plan.

GUY MASIACH, plf-ap, v. 420 WEST INVESTORS, LLC, defres — Andrew J. Spinnell, New York, for ap

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal