Novelty Crystal Corp. v. PSA Institutional Partners, L.P.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Spolzino, J.P.
The principal issue presented by this appeal is whether a purchaser of real property may maintain an action after the closing of title, in either contract or tort, to recover damages for the seller’s failure to deliver the premises vacant and clean as required by the contract. We conclude that the purchaser may not do so where, as here, the terms of the contract do not provide for the survival of such a claim. Therefore, the Supreme Court should have denied that branch of the plaintiff purchaser’s cross motion which was for summary judgment on the issue of…
2Cases cited43 opinions
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
- Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
- Kaiser Aetna v. United StatesSupreme Court of the United States · 1979
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- Deutsche Bank National Trust Co. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2009
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