Legal Opinion

West 90th Owners Corp. v. Schlechter

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

Decided January 29, 1991PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Asch, J.

The plaintiff West 90th Owners Corp. is a tenant-sponsored cooperative corporation that purchased an Upper West Side apartment building from defendant, Arthur D. Schlechter. The August 9, 1979 contract of sale called for a deed that would convey title to the plaintiff "free from all encumbrances except as herein stated”.

The phrase "except as herein stated” referred, inter alia, to a series of leases annexed to the contract of sale. In particular, it was represented that a lease to a restaurant known as "Argo” had a rent of $2,000 with a lease expiration date of…

2Cases cited14 opinions

  1. George Backer Management Corp. v. Acme Quilting Co.New York Court of Appeals · 1978
  2. Acme Theatres, Inc. v. StateNew York Court of Appeals · 1970
  3. Smith v. Johnson Products Co.Appellate Division of the Supreme Court of the State of New York · 1983
  4. Diocese of Buffalo v. StateNew York Court of Appeals · 1969
  5. Lambert v. LambertAppellate Division of the Supreme Court of the State of New York · 1988

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3Cited by7 opinions

  1. Travelers Indemnity Co. of Illinois v. CDL Hotels USA, Inc.District Court, S.D. New York · 2004
  2. Koskey v. Pacific Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 2000
  3. All Brands Fork Lift Corp. v. Yetish, Inc.New York Supreme Court · 2007
  4. Farkas v. SaaryAppellate Division of the Supreme Court of the State of New York · 1993
  5. Gomez v. Fidelity National Title InsuranceAppellate Division of the Supreme Court of the State of New York · 2013

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

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