Legal Opinion
527 Smith Street Brooklyn Corp. v. Bayside Fuel Oil Depot Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 1, 1999PublishedCited by 11 opinions
1Opinion of the Court
—In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Kings County (Dowd, J.), dated February 4, 1998, which granted the motion of the defendant Bayside Fuel Oil Depot Corporation to dismiss the complaint insofar as asserted against it and denied its cross application for leave to replead.
Ordered that the order is affirmed, with costs.
As a general rule, the provisions of a contract for the sale of real property are merged in the deed and, as a result, are extinguished upon the closing of title. However, this rule does not apply…
2Cases cited4 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Goldsmith v. KnappAppellate Division of the Supreme Court of the State of New York · 1996
- Ting-Wan Liang v. MalawistaAppellate Division of the Supreme Court of the State of New York · 1979
- Scaccia v. Mack Trucks, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
3Cited by11 opinions
- Novelty Crystal Corp. v. PSA Institutional Partners, L.P.Appellate Division of the Supreme Court of the State of New York · 2008
- Lesesne v. LesesneAppellate Division of the Supreme Court of the State of New York · 2002
- Vigiletti v. Sears, Roebuck & Co.Appellate Division of the Supreme Court of the State of New York · 2007
- Cuglietto v. FeroneAppellate Division of the Supreme Court of the State of New York · 2000
- Guoba v. Sportsman Props., Inc.Appellate Division of the Supreme Court of the State of New York · 2021
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