Legal Opinion

Lipman v. Shapiro

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

Decided May 16, 2017No. 600222/10 4036A 4036Published

1Opinion of the Court

Orders, Supreme Court New York County (O. Peter Sherwood, J.) entered March 4, 2016, which denied plaintiff’s motion for summary judgment, and granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In a prior action, plaintiff sought to retain the deposit made by nonparties David Kaplan and Marcia Kaplan after they defaulted under purchase agreements and an assignment agreement for two condominium units that plaintiff had received pursuant to a contract with nonparty Slazer Enterprises LLC (see Kaplan v Madison Park Group Owners, LLC, 94…

2Cases cited7 opinions

  1. Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
  2. Eurycleia Partners, LP v. Seward & Kissel, LLPNew York Court of Appeals · 2009
  3. Lanzi v. BrooksNew York Court of Appeals · 1977
  4. Steinbrecher v. WapnickNew York Court of Appeals · 1969
  5. Sun Gold, Corp. v. StillmanAppellate Division of the Supreme Court of the State of New York · 2012

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