Donerail Corp. N.V. v. 405 Park LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Richter, J.
In this failed real estate transaction, we are asked to decide whether the seller, Donerail Corporation N.V, is entitled to retain the earnest money deposit paid by the purchaser, 405 Park LLC, pursuant to a contract for sale of an office building in New York City. When the time-of-the-essence closing failed to occur, 405 Park initiated an action against Donerail seeking return of the deposit, alleging that Donerail had breached the parties’ contract by failing to tender an unencumbered title at closing. Donerail brought a separate action, asserting that it was…
2Cases cited9 opinions
- Lawrence v. . MillerNew York Court of Appeals · 1881
- Grace v. NappaNew York Court of Appeals · 1979
- Uzan v. 845 UN Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2004
- Pinhas v. ComperchioAppellate Division of the Supreme Court of the State of New York · 2008
- 2626 Bway LLC v. Broadway Metro Associates, LPAppellate Division of the Supreme Court of the State of New York · 2011
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Martocci v. SchneiderAppellate Division of the Supreme Court of the State of New York · 2014
- Prendergast v. SwiencickyAppellate Division of the Supreme Court of the State of New York · 2020
- Sweeney v. StarkAppellate Division of the Supreme Court of the State of New York · 2023
- Pastor v. DeGaetanoAppellate Division of the Supreme Court of the State of New York · 2015
- 1111 Myrtle Avenue Group LLC v. Myrtle Property Holdings LLC (In re 1111 Myrtle Avenue Group LLC)United States Bankruptcy Court, S.D. New York · 2017
18 more not listed; retrieve them via the Exa API.