Legal Opinion

Lamont v. Story Book Homes, Inc.

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

Decided November 19, 2001PublishedCited by 2 opinions

1Opinion of the Court

—In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Robbins, J.), dated July 1, 2000, which, after a nonjury trial, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The plaintiff seller and the defendant purchaser entered into a contract for the sale of real property. The contract contained a clause wherein the defendant reserved its right to cancel the contract if, prior to closing, a lis pendens was filed or an action to foreclose a mortgage or any other hen on the property…

2Cases cited5 opinions

  1. Chimart Associates v. PaulNew York Court of Appeals · 1986
  2. Teitelbaum Holdings, Ltd. v. GoldNew York Court of Appeals · 1979
  3. Wallace v. 600 Partners Co.New York Court of Appeals · 1995
  4. Hadden v. Consolidated Edison Co.New York Court of Appeals · 1978
  5. Posh Pillows, Ltd. v. HawesAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by2 opinions

  1. Cuomo v. Mahopac National BankAppellate Division of the Supreme Court of the State of New York · 2004
  2. DeCicco v. StaehleAppellate Division of the Supreme Court of the State of New York · 2004

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