Legal Opinion

Riley v. South Somers Development Corp.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1996PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Santucci, J.

In this case we consider for the first time whether the tendering of a deed in lieu of foreclosure is the legal equivalent of a foreclosure. We hold that it is not.

By contract dated July 28, 1986, the plaintiff Allan J. Riley agreed to sell a 200-acre parcel of property in the Town of Somers, New York, to the defendant, 95 Kings, Inc. (hereinafter 95 Kings)! The purchase price for the property was $3,500,000. Under the terms of the contract the plaintiff was to receive $2,990,000 in cash and the remainder by assumption of a first mortgage held by Jean B.…

2Cases cited7 opinions

  1. Chimart Associates v. PaulNew York Court of Appeals · 1986
  2. Teitelbaum Holdings, Ltd. v. GoldNew York Court of Appeals · 1979
  3. Jemzura v. JemzuraNew York Court of Appeals · 1975
  4. Cambridge Factors, Inc. v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1995
  5. American Savings & Loan Ass'n v. EidelbergNew York Supreme Court · 1967

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3Cited by7 opinions

  1. Deerman v. Federal Home Loan Mortgage Corp.District Court, N.D. Alabama · 1997
  2. Russo v. Estée Lauder Corp.District Court, E.D. New York · 2012
  3. 82-11 Queens Boulevard Realty, Corp. v. Sunoco, Inc. (R & M)District Court, E.D. New York · 2013
  4. 1550 Fifth Avenue Bay Shore, LLC v. 1550 Fifth Avenue, LLCAppellate Division of the Supreme Court of the State of New York · 2002
  5. National Granite Title Insurance Agency, Inc. v. Cadlerock Properties Joint Venture, L.P.Appellate Division of the Supreme Court of the State of New York · 2004

2 more not listed; retrieve them via the Exa API.

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