SHIMURO v. PRESTON TAYLOR PRODUCTS, LLC

2949, 153877/15.

146 A.D.3d 729 (2017)

2017 NY Slip Op 00607

46 N.Y.S.3d 71

TOMOHIKO SHIMURO, Respondent, v. PRESTON TAYLOR PRODUCTS, LLC, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 31, 2017.


Reading the sale agreement according to its plain language (see Regal Realty Servs., LLC v 2590 Frisby, LLC, 62 A.D.3d 498, 501 [1st Dept 2009]), defendant was required to deliver title to plaintiff at closing "free and clear of all liens and encumbrances," in addition to a "statement by the Condominium or its managing agent that the common charges and any assessments then due and payable the Condominium have been paid to the date...

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