Legal Opinion

McLean v. Kessler

Civil Court of the City of New York

Decided March 25, 1980PublishedCited by 2 opinions

1Opinion of the Court

*554OPINION OF THE COURT

S. Herman Klarsfeld, J.

The purchaser seeks to recover a $1,000 deposit given to the seller in connection with the purchase of a one-family house. The plaintiff refused to proceed with the purchase of the property after considering the cost of certain repairs and replacements in this old wood-frame house, all of which conditions she was aware of prior to her signing the receipt and memorandum of sale. The seller claims that he is entitled to retain the $1,000 deposit upon the default of the purchaser in proceeding in good faith with a formal contract and closing. The…

2Cases cited7 opinions

  1. Berman Stores Co. v. HirshNew York Court of Appeals · 1925
  2. Arnold v. R. Rothschild's Sons Co.Appellate Division of the Supreme Court of the State of New York · 1899
  3. Karson v. ArnowNew York Supreme Court · 1962
  4. Arnold v. . Rothschild's Sons CompanyNew York Court of Appeals · 1900
  5. Tague Holding Corp. v. HarrisNew York Court of Appeals · 1929

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3Cited by2 opinions

  1. Healy v. GumiennyAppellate Division of the Supreme Court of the State of New York · 1988
  2. Anchar Realty Co. v. Prince Apartments, Inc.Appellate Division of the Supreme Court of the State of New York · 1987

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