Legal Opinion

97th Street Holdings, LLC v. East Side Tenants Corp.

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

Decided March 8, 2011Published

1Opinion of the Court

*474The parties, sophisticated business people represented by counsel at the time they entered the contract of sale, did not condition 97 LLC’s performance under the contract upon East Side’s procurement of a waiver of liability from an adjoining landowner as to alleged damage caused by the structurally unsound condition of the building on the property to be sold. Nor did the parties’ agreement obligate East Side to obtain a consent from the neighboring owner to 97 LLC’s proposed construction along the party wall (see generally RPAPL 881). To impute such obligations from generalized language…

2Cases cited6 opinions

  1. Chimart Associates v. PaulNew York Court of Appeals · 1986
  2. Maxton Builders, Inc. v. Lo GalboNew York Court of Appeals · 1986
  3. Regan v. LanzeNew York Court of Appeals · 1976
  4. Argent Mortgage Co. v. LeveauAppellate Division of the Supreme Court of the State of New York · 2007
  5. National Land & Building Corp. v. KazimAppellate Division of the Supreme Court of the State of New York · 2006

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