Legal Opinion
Lucenti v. Cayuga Apartments, Inc.
New York Court of Appeals
Decided December 13, 1979PublishedCited by 21 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
When prior to title closing a building is substantially damaged by fire may the purchaser under a real estate contract which contains no risk of loss provision obtain specific performance with an abatement of the purchase price? The answer to that question is adumbrated by our decision in Hecht v Meller (23 NY2d 301), which noted (at p 304) that section 5-1311 of the General Obligations Law "was enacted to alter the common-law rule which, absent any agreement to the contrary, cast the risk of destruction of the property between the time the contract of sale was…
2Cases cited18 opinions
- Bostwick v. . BeachNew York Court of Appeals · 1886
- Sewell v. . UnderhillNew York Court of Appeals · 1910
- Engle v. TalaricoNew York Court of Appeals · 1973
- Hecht v. MellerNew York Court of Appeals · 1968
- Lucenti v. Cayuga Apartments, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Uniformed Firefighters Ass'n v. BeekmanNew York Court of Appeals · 1981
- New York Public Interest Research Group, Inc. v. New York State Department of InsuranceNew York Court of Appeals · 1985
- Kaiser v. FishmanAppellate Division of the Supreme Court of the State of New York · 1992
- People v. MitchellNew York Court of Appeals · 1991
- Jewell v. RoweAppellate Division of the Supreme Court of the State of New York · 1986
16 more not listed; retrieve them via the Exa API.