LATIPAC CORP. v. BHM REALTY LLC

3361, 101213/09.

148 A.D.3d 466 (2017)

2017 NY Slip Op 01793

50 N.Y.S.3d 319

LATIPAC CORP., Appellant, v. BHM REALTY LLC et al., Respondents.

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

Decided March 9, 2017.


Plaintiff purchaser failed to establish, as a matter of law, that it was entitled to a return of its deposit on a real estate contract (see Donerail Corp. N.V. v 405 Park LLC, 100 A.D.3d 131, 137 [1st Dept 2012]; see also Martocci v Schneider, 119 A.D.3d 746, 748 [2d Dept 2014]). Even if plaintiff had established that defendant seller was in breach of the contract, which it did not, it would...

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