Legal Opinion

Plaza PH2001 LLC v. Plaza Residential Owner LP

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

Decided June 26, 2012PublishedCited by 16 opinions

1Opinion of the Court

*92OPINION OF THE COURT

Saxe, J.

This litigation arose because plaintiffs expectations for the penthouse apartment that it had agreed, preconstruction, to purchase were not met by the apartment as built. The question is whether plaintiff is left with any legal recourse, in view of the provisions of the purchase agreements, offering plan, and construction plans that defendants rely on in their current dismissal motion.

On a previous appeal, this Court modified the dismissal of plaintiffs original complaint, reinstating a cause of action for breach of contract (see 79 AD3d 587 [2010]). We are now…

2Cases cited10 opinions

  1. 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
  2. Amcan Holdings, Inc. v. Canadian Imperial Bank of CommerceAppellate Division of the Supreme Court of the State of New York · 2010
  3. 150 Broadway N.Y. Associates, L.P. v. BodnerAppellate Division of the Supreme Court of the State of New York · 2004
  4. Feigen v. Advance Capital Management Corp.Appellate Division of the Supreme Court of the State of New York · 1989
  5. Halmar Distributors, Inc. v. Approved ManufacturIng Corp.Appellate Division of the Supreme Court of the State of New York · 1975

5 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Pomerance v. McGrathAppellate Division of the Supreme Court of the State of New York · 2015
  2. Ray v. RayAppellate Division of the Supreme Court of the State of New York · 2013
  3. Strobehn v. MasonMissouri Court of Appeals · 2013
  4. Pomerance v. McGrathAppellate Division of the Supreme Court of the State of New York · 2013
  5. 110 Central Park South Corp. v. 112 Central Park South, LLCNew York Supreme Court · 2013

11 more not listed; retrieve them via the Exa API.

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