Legal Opinion

2626 Bway LLC v. Broadway Metro Associates, LP

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

Decided June 7, 2011PublishedCited by 8 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about January 22, 2010, which granted defendants’ motion to dismiss the complaint, unanimously affirmed, with costs.

Plaintiff purchaser alleges that defendant seller Broadway Metro Associates, LP anticipatorily breached the contract for the purchase of real property by, inter alia, its inability to convey title with certain development rights purportedly provided to the seller in a recorded zoning lot development agreement (ZLDA) made between the seller and an adjoining property owner. However, neither the contract of…

2Cases cited4 opinions

  1. W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
  2. Two Guys v. S.F.R. Realty AssociatesNew York Court of Appeals · 1984
  3. ADC Orange, Inc. v. Coyote Acres, Inc.New York Court of Appeals · 2006
  4. Croteau v. A.C. & S.Appellate Division of the Supreme Court of the State of New York · 2007

3Cited by8 opinions

  1. Donerail Corp. N.V. v. 405 Park LLCAppellate Division of the Supreme Court of the State of New York · 2012
  2. Mills v. ChauvinAppellate Division of the Supreme Court of the State of New York · 2013
  3. Apple Bank for Sav. v. Prime Rok Real Estate, LLCAppellate Division of the Supreme Court of the State of New York · 2024
  4. Donerail Corp. N.V. v. 405 Park LLCAppellate Division of the Supreme Court of the State of New York · 2012
  5. Mills v. ChauvinAppellate Division of the Supreme Court of the State of New York · 2013

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