Legal Opinion

Zohar v. 3 West 16th Associates, LLC

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

Decided June 3, 2008Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Barbara R. Kapnick, J.), entered December 5, 2007, insofar as appealed from, upon a nonjury verdict in favor of defendants on the first and second causes of action of the complaint, unanimously affirmed, with costs.

The trial court correctly concluded that plaintiffs were not *209entitled to recovery under their first (breach of contract) and second (specific performance) causes of action. The two preliminary agreements signed by the parties were not intended to bind the parties to a real estate transaction prior to the execution of a formal contract (see…

2Cases cited3 opinions

  1. Brause v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1960
  2. Brause v. GoldmanNew York Court of Appeals · 1961
  3. BMH Realty Ltd. v. 399 East 72nd Street Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 1995

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