Was Seller Entitled to Keep Contract Deposit?
The seller of a cooperative apartment unit alleged that the buyer anticipatorily breached the contract of sale by refusing to proceed with her own “time of the essence” closing. And claimed that he was entitled to keep the down payment. Litigation ensued.
On July 12, 2019, Hector Cruz, as seller, and Tabitha Williams, as buyer, signed a contract for the purchase of the apartment for $280,000.00. The contract required Williams to make a down payment of $28,000 –which was paid by check and was being held in escrow by Cruz’ counsel for the transaction, Ryan J. Walsh.
Could Insurer Avoid Coverage Based on Exceptions to Policy?
The house owned by Michael Zimmerman sustained water damage in the winter due to frozen and burst pipes while he was overseas on an extended five-week trip to India (late November to early January). Zimmerman alleged that Leatherstocking Cooperative Insurance Company breached their insurance contract by disclaiming coverage for the loss. Leatherstocking in turn alleged that the disclaimer was proper because reasonable care was not taken to maintain heat in the home while Zimmerman was away.
After nine prior motions and three years of discovery, the parties filed dueling summary judgment motions. While the parties raised numerous legal issues, the resolution on those motions essentially boiled down to the applicability of the following provision in the policy:
Was Floor Properly Maintained to ASTM Standards?
Ronald R. Benjamin filed a negligence action seeking damages for injuries that he sustained when he slipped and fell while playing racquetball in a facility owned and operated by The Court Jester Athletic Club, Ltd.
The gravamen of Benjamin’s complaint was that the Club was negligent for its failure to properly maintain the racquetball court floor in conformance with the standards of the American Society of Testing and Materials by failing to keep the floor free of substances, by failing to regularly clean the floor, by failing to inspect the floor prior to use and by failing to assure that the floor was not slippery.
Was Homeowner Liable for Dangerous/Defective Condition?
Herb Karel, while at the home of a friend, Mary Ann Pizzorusso, which he had visited many times, decided to help her by changing the batteries in a smoke detector at the top of the stairs to the second floor. He fell. Litigation ensued.
Karel went up and down the stairs a couple of times just before he fell. He admitted at his deposition that he had not had any trouble with the stairs prior to his fall. And further admitted at his deposition that the stairs were adequately lit, and they were not worn out.
In an action seeking permanent injunctive relief upon claims for breach of contract, nuisance, and trespass, Sabrina Santoro and Antonio Micalizzi, owners of a Manhattan condominium unit, alleged that the tenants of a neighboring unit owned by Luigi Rosabianca had caused excessive noise and odors to emanate from his unit and that the Board of Managers of Cipriani Club Residences at 55 Wall Condominium and First Service Realty, Inc. had not sufficiently addressed their complaints. The board and building manager answered the complaint. Santoro/Micalizzi moved for leave to enter a default judgment against Rosabianca and John Does 1-10, the fictitious name afforded his tenants.
Did Chain Link Fence Cross Shared West 11th St. Property Line?
Ribao Xiao and Nina Cheung are owners of neighboring real estate in Brooklyn. The two houses are positioned in such a manner that there is a driveway running vertically and parallel to their properties from the street into the backyard.
Xiao, proceeding pro se, filed a verified complaint against Cheung with fifteen allegations of fact in support of two causes of action. The first cause of action was for a permanent injunction. The second cause of action was for a declaratory judgment.
Was Fitness Center Liable For Failure to Maintain Track?
Victoria Siesto sued to recover damages for personal injuries allegedly sustained as a result of an alleged trip and fall accident at the gym complex located at 34 Jamaica Avenue, Port Jefferson Station, New York, which was operated and managed by AJ Merone Fitness Incorporated. Merone moved for an order dismissing the complaint. Merone moved to dismiss the complaint.
On August 4, 2016, at approximately 6:15 pm, Siesto and her husband, Matthew Siesto, were working out at the Game Day Sports Performance gym. Siesto had been attending that facility since the beginning of June and was attending twice a day, five days a week. While running on a turf surface in the gym Siesto tripped and fell resulting in a high-grade partial tear of a ligament in her right ankle.
Did Stipulation Adjourning Closing Create a TOE Date?
In 2010, Edmund Lashley entered into a contract of sale with BDL Real Estate Development Corp. for 1474 Ralph Avenue in Brooklyn. Lashley had been leasing one of two buildings located on the property for use as an auto body repair shop since 2007. The contract did not contain a closing date. Sometime after the parties entered into the contract, BDL commenced a landlord-tenant proceeding against Lashley, which the parties settled in a stipulation dated February 16, 2011. Paragraph 2 of the stipulation provided that “[i]n settlement and satisfaction of all claims by [Lashley], and in consideration of [Lashley] closing title on the purchase of 1474 Ralph Avenue, Brooklyn, New York, no later than March 31, 2011, [BDL] waives the rent due for July 2010.” The closing never occurred.