Judnick Realty Corp. v. 32 West 32nd Street Corp.
New York Court of Appeals
1Opinion of the Court
*822OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
The limitation of liability clause of the contract (par 22) became operative only if the seller was unable to convey in accordance with the terms of the contract. One of the terms of the contract, however, was that the purchaser could declare the contract null and void if by May 15,1979 the seller was unable to make the second floor loft available, vacant and free of tenancies or occupancy (rider, par 1) and the purchaser was also given “the right to extend the date set forth in paragraph 1 to…
2Cases cited6 opinions
- Mallad Construction Corp. v. County Federal Savings & Loan Ass'nNew York Court of Appeals · 1973
- Freedman v. Chemical Construction Corp.New York Court of Appeals · 1977
- S.E.S. Importers, Inc. v. PappalardoNew York Court of Appeals · 1981
- Miles v. Dover Furnace Iron Co.New York Court of Appeals · 1891
- Shepard v. Spring Hollow at SagaponackAppellate Division of the Supreme Court of the State of New York · 1982
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Primex International Corp. v. Wal-Mart Stores, Inc.New York Court of Appeals · 1997
- Van Wagner Advertising Corp. v. S & M EnterprisesNew York Court of Appeals · 1986
- Cho v. 401-403 57th Street Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Rhodes v. DavisCourt of Appeals for the Second Circuit · 2015
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