Legal Opinion
Clark Construction Corp. v. BLF Realty Holding Corp.
New York Supreme Court
Decided November 5, 2009Published
1Opinion of the Court
OPINION OF THE COURT
Edward H. Lehner, J.
In this action tried before me without a jury, the parties have heretofore had at least 18 motions decided by other justices of this court and three decisions by the Appellate Division (300 AD2d 49 [2002]; 28 AD3d 367 [2006]; 54 AD3d 604 [2008]). As a consequence of these decisions, the only remaining plaintiff with a triable cause of action is Clark Construction Corporation (Clark), the claims of the individual plaintiffs (which sought relief similar to that requested by Clark) having been dismissed on parol evidence grounds.
The basic facts in…
2Cases cited7 opinions
- Kralik v. 239 East 79th Street Owners Corp.New York Court of Appeals · 2005
- Whalen v. LefkowitzNew York Court of Appeals · 1975
- Nesbitt v. PenalverAppellate Division of the Supreme Court of the State of New York · 2007
- Council for Owner Occupied Housing, Inc. v. AbramsNew York Court of Appeals · 1988
- Clark Construction Corp. v. BLF Realty Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2008
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