Legal Opinion

Moran v. Erk

New York Court of Appeals

Decided November 25, 2008PublishedCited by 61 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Read, J.

On December 13, 1995, defendants Mehmet and Susan Erk signed a real estate contract to purchase the home of plaintiffs James J. and Kathleen D. Moran, a 5,000-square-foot ranch-style house located in Clarence, New York. The contract, which was executed by the Morans on December 22, 1995, provided for a purchase price of $505,000, and contained a rider with an “ATTORNEY APPROVAL CONTINGENCY” stating as follows:

“This Contract is contingent upon approval by attorneys for Seller and Purchaser by the third business day following each party’s attorney’s receipt of a copy…

2Cases cited10 opinions

  1. 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
  2. Dalton v. Educational Testing ServiceNew York Court of Appeals · 1995
  3. Ely-Cruikshank Co. v. Bank of MontrealNew York Court of Appeals · 1993
  4. Maxton Builders, Inc. v. Lo GalboNew York Court of Appeals · 1986
  5. Holy Properties Ltd. v. Kenneth Cole Productions, Inc.New York Court of Appeals · 1995

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3Cited by61 opinions

  1. Security Plans, Inc. v. Cuna Mutual Insurance SocietyCourt of Appeals for the Second Circuit · 2014
  2. Sport Rock International, Inc. v. American Casualty Co.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Serdarevic v. Centex Homes, LLCDistrict Court, S.D. New York · 2010
  4. Gutierrez v. Government Employees InsuranceAppellate Division of the Supreme Court of the State of New York · 2016
  5. Elmhurst Dairy, Inc. v. Bartlett Dairy, Inc.Appellate Division of the Supreme Court of the State of New York · 2012

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