DAVID HEFTER, plf-ap, v. CITI HABITATS, INC. def-res, JONATHAN E. GREEN def

13098. DAVID HEFTER, plf-ap, v. CITI HABITATS, INC. def-res, JONATHAN E. GREEN def — Stewart Occhipinti, LLP, New York (Frank S. Occhipinti of counsel), for ap — Saiber LLC, New York (Marc C. Singer of counsel), for Citi Habitats, Inc., NRT, LLC, The Corcoran Group, Inc. and Christine Toes, res — Cantor Epstein & Mazzola, LLP, New York (Gary Ehrlich of counsel), for Orsid Realty Corp., res — Order and judgment (one paper), Supreme Court, New York County (Louis B. York, J.), entered September 25, 2013, dismissing the complaint as against defendants Citi Habitats, Inc.; NRT, LLC; The Corcoran Group, Inc.; and Christine Toes (the broker defendants) and Orsid Realty Corp. (Orsid), unanimously affirmed, with costs.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

13098. DAVID HEFTER, plf-ap, v. CITI HABITATS, INC. def-res, JONATHAN E. GREEN def — Stewart Occhipinti, LLP, New York (Frank S. Occhipinti of counsel), for ap — Saiber LLC, New York (Marc C. Singer of counsel), for Citi Habitats, Inc., NRT, LLC, The Corcoran Group, Inc. and Christine Toes, res — Cantor Epstein & Mazzola, LLP, New York (Gary Ehrlich of counsel), for Orsid Realty Corp., res — Order and judgment (one paper), Supreme Court, New York County (Louis B. York, J.), entered September 25, 2013, dismissing the complaint as against defendants Citi Habitats, Inc.; NRT, LLC; The Corcoran Group, Inc.; and Christine Toes (the broker defendants) and Orsid Realty Corp. (Orsid), unanimously affirmed, with costs.

Plaintiff contends that defendant Orsid, an agent for a disclosed principal, assumed an affirmative duty to him “to speak accurately and honestly” when it responded to his counsel’s question whether maintenance fees for the cooperative apartment he was contemplating purchasing were expected to increase, and that it breached this duty when it responded, “Unknown” (see Greco v. Levy, 257 App Div 209, 211 [1st Dept 1939], affd 282 NY 575 [1939]). However, Orsid’s answer to counsel’s question was not inaccurate (see J.A.O. Acquisition Corp. v. Stavitsky, 18 AD3d 389 [1st Dept 2005]; Matlin-Patterson ATA Holdings LLC v. Federal Express Corp., 87 AD3d 836, 840 [1st Dept 2011], lv denied 21 NY3d 853 [2013]). Plaintiff testified that counsel explained to him in March 2008 that his maintenance for January 1, 2009 would be calculated at 8 percent of the fair market value of the land, “an unknown figure.”

DAVID HEFTER, plf-ap, v. CITI HABITATS, INC. def-res, JONATHAN E. GREEN def

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal