Legal Opinion
Pastor v. DeGaetano
Appellate Division of the Supreme Court of the State of New York
Decided April 21, 2015No. 652396/13 14030PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Acosta, J.
The primary question raised by this appeal is whether a buyer can be forced to conclude a purchase of real property where the seller has not definitively resolved a third-party cooperative’s challenge to the buyer’s right of exclusive use over a portion of the property. We find that, because questions of fact remain as to whether the seller obtained unequivocal assurances that the co-op’s board of directors would not interfere with the buyer’s right of exclusivity, the seller has not demonstrated that it was ready, willing, and able to close the sale. In…
2Cases cited18 opinions
- Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
- 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
- Fundamental Portfolio Advisors, Inc. v. Tocqueville Asset Management, L.P.New York Court of Appeals · 2006
- Da Silva v. MussoNew York Court of Appeals · 1981
- Cipriano v. Glen Cove Lodge 1458New York Court of Appeals · 2003
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3Cited by4 opinions
- Princes Point LLC v. Muss Development L.L.C.Appellate Division of the Supreme Court of the State of New York · 2016
- 45 Renwick St., LLC v. Lionbridge, LLCAppellate Division of the Supreme Court of the State of New York · 2018
- Singh v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2019
- Wansdown Properties Corporation N.V. - Adversary ProceedingUnited States Bankruptcy Court, S.D. New York · 2020