Legal Opinion
Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.
New York Court of Appeals
Decided February 21, 1984PublishedCited by 413 opinions
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
In a contract for the sale of a controlling stock interest in a vineyard, the seller’s undertaking to produce a title insurance policy and mortgage confirmation at closing constituted a condition and not a promise, the breach of which excused the buyer’s performance and entitled it to the return of its deposit, but not to consequential damages. On the buyer’s motion for summary judgment seeking recovery of both the deposit and consequential damages, the Appellate Division correctly awarded sum mary judgment to the buyer for its deposit and to the seller dismissing…
2Cases cited18 opinions
- Hecht v. City of New YorkNew York Court of Appeals · 1983
- City of Rye v. Public Service Mutual InsuranceNew York Court of Appeals · 1974
- Peoples Savings Bank v. County Dollar Corp.Appellate Division of the Supreme Court of the State of New York · 1974
- Wehringer v. Helmsley-Spear, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Wehringer v. Helmsley-Spear, Inc.New York Court of Appeals · 1983
13 more not listed; retrieve them via the Exa API.
3Cited by413 opinions
- Brill v. City of New YorkNew York Court of Appeals · 2004
- Dunham v. Hilco Construction Co.New York Court of Appeals · 1996
- Oppenheimer & Co. v. Oppenheim, Appel, Dixon & Co.New York Court of Appeals · 1995
- JMD Holding Corp. v. Congress Financial Corp.New York Court of Appeals · 2005
- Reiss v. Financial Performance Corp.New York Court of Appeals · 2001
408 more not listed; retrieve them via the Exa API.