Category Archives: New York Law

This was originally published on the SGR blog.

On January 4, 2013, Thelma Sosa and Aron Froimovits signed a handwritten, one-page agreement in which Sosa agreed to sell to Froimovits or his assignee two separate properties in Brooklyn, one located on Menahan Street and the other on Central Avenue. The agreement contained a single purchase price, $1,375,000, for both properties. Froimovits was to give Sosa a deposit of $1,000 “plus $99,000 upon demand of [Sosa] to be held in escrow with [Sosa’s] attorney or a title company.” Froimovits gave Sosa a check for $1,000. No demand was ever made for the additional $99,000.

The Menahan property was to be delivered at closing with at least four apartments vacant. And the Central Avenue property was to be delivered with at least three vacant apartments. The closing was to be held “30 days after notice to buyer that the properties are vacant.”

This was originally posted on the SGR Blog.

Virginia F. Kleist and Daniel Stern owned own lakefront properties within the Chautauqua Shores subdivision. All property owners were subject to covenants and restrictions that were filed in 1962, when the subdivision was developed. The covenants and restrictions give “each and every owner of land in [the subdivision] . . . the right to enforce the same by appropriate court proceedings.”

In December 2014, Stern purchased his property with plans to demolish the existing house and build a much larger house. When Kleist saw the site plans for the new house, she notified Stern by letter in early August 2015 that the site plan showed that the home he was about to construct was in violation of paragraph five of the covenants and restrictions, which required a 100-foot setback from the lake line for any building. That same month, Kleist filed suit to enjoin Stern from violating that covenant and restriction and to require him to remove any buildings that were in violation. By her amended complaint, Kleist alleged that the house would also violate the second and fourth paragraphs of the covenants and restrictions.

This was originally published on the SGR Blog.

Heung C. Rha and Suhn O. Rha agreed to purchase the property located at 16-17 Bell Blvd., Bayside, New York from Alessio Blangiardo  pursuant to a contract signed on October 23, 2014.

The Rhas obligations under the contract were conditioned upon their receipt of a written mortgage loan commitment on or before November 30, 2014. And the Rhas tendered a $110,000.00 down payment, which was deposited into nonparty Salvatore E. Strazzullo, Esq.’s escrow account.

The contract included an Internal Revenue Code Section 1031 Exchange Addendum in which the parties acknowledged that the Rhas intended to purchase the property as part of a tax deferred exchange.