Legal Opinion
Peng v. Willets Point Asphalt Corp.
Appellate Division of the Supreme Court of the State of New York
Decided February 1, 2011PublishedCited by 2 opinions
1Opinion of the Court
In an action for the return of a down payment given pursuant to a contract for the sale of real property, the plaintiffs appeal from so much of an order of the Supreme Court, Queens County (Kitzes, J.), entered April 1, 2010, as denied those branches of their motion which were for summary judgment on the first and fifth causes of action, and for summary judgment dismissing the first and third counterclaims.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court erred in determining that “[t]he doctrine [ ] known as demand for adequate assurances of future…
2Cases cited5 opinions
- Norcon Power Partners, L.P. v. Niagara Mohawk Power Corp.New York Court of Appeals · 1998
- IBM Credit Financing Corp. v. Mazda Motor Manufacturing (USA) Corp.New York Court of Appeals · 1998
- Bank of New York v. River Terrace Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2005
- Morgan v. McCaffreyAppellate Division of the Supreme Court of the State of New York · 2005
- Veeraswamy v. SternAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by2 opinions
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- Mendez v. AbelAppellate Terms of the Supreme Court of New York · 2012