Legal Opinion
Deutsch Tane Waterman & Wurtzel, P.C. v. Hochberg
Appellate Terms of the Supreme Court of New York
Decided September 11, 2009PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
SCHOENFELD, J.
Judgment, entered on or about March 28, 2006, affirmed, with $25 costs.
The action arises from the sale of a cooperative apartment unit by plaintiffs assignor, as seller, to defendants, as purchasers, and centers on the seller’s payment at closing of a real estate transfer tax (see Tax Law § 1402-a). The record establishes that the seller’s payment of the tax was not required by either the governing statute (see Tax Law § 1402-a [b]) or the express terms of the contract of sale, which clearly and unambiguously made the tax payable by the defendant purchasers.…
2Cases cited6 opinions
- Vermont Teddy Bear Co. v. 538 Madison Realty Co.New York Court of Appeals · 2004
- Wallace v. 600 Partners Co.New York Court of Appeals · 1995
- Worms v. BankAmerica InternationalNew York Court of Appeals · 1991
- Patrolmen's Benevolent Ass'n of City of New York, Inc. v. New York State Public Employment Relations BoardNew York Court of Appeals · 2006
- Eighty Eight Bleecker Co. v. 88 Bleecker Street Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Regions Bank v. Commonwealth Land Title InsuranceDistrict Court, S.D. Florida · 2013