Ella Freidus, Appellant-Respondent,
v.
Dorothy Eisenberg, as Trustee in Bankruptcy of Todem Homes, Inc., Respondent, and Gerald Resnick, Proposed Intervenor-Appellant
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
December 31, 1986
December 31, 1986
Attorney(s) appearing for the Case
Summit Rovins & Feldesman (Stuart A. Summit, Glenn S. Goldstein, Thomas J. Troiano and Ira G. Greenberg of counsel), for appellant-respondent.
Michael M. Perlman for proposed intervenor-appellant.
Miller & Seeger (Israel G. Seeger of counsel), for respondent.
RUBIN and LAWRENCE, JJ., concur with LAZER, J. P.; THOMPSON, J., concurs to dismiss the appeal from the order dated November 7, 1985, which denied the plaintiff's motion for a permanent injunction prohibiting enforcement of the judgment, and to affirm the order dated November 7, 1985, which denied Gerald Resnick's motion for leave to intervene, but otherwise dissents, and votes to modify the judgment only by (1) deleting so much of the second decretal paragraph as provides for treating interest on the purchase price as an adjustment at closing, (2) deleting from the third decretal paragraph thereof the words "the sum of Four Hundred Seventy-Three Thousand Ninety-Six ($473,096) Dollars so found by the jury, together with the sum of Five Thousand Fifty Three and 55/100 ($5,053.55) Dollars liability for which was conceded by plaintiff, and the sum of $(364.60) Dollars, costs and disbursement [sic] as taxed, amounting in all to the sum of Four Hundred Seventy Eight Thousand, Five-hundred-fourteen and 15/100 ($478,514.15) Dollars", and substituting therefor the words "the sum of Four Hundred Eight Thousand ($408,000) Dollars, together with the sum of Five Thousand Fifty-Three and 55/100 ($5,053.55) Dollars, liability for which was conceded by the plaintiff, and the sum of Three-Hundred Sixty-Four and 60/100 ($364.60) Dollars, costs and disbursements as taxed, amounting in all to the sum of Four-Hundred Thirteen Thousand, Four-Hundred Eighteen and 15/100 $413,418.15) Dollars", and (3) severing the defendant's claim for an offset for interest on the unpaid purchase price of the subject property, and granting a new trial on said claim, and, as so modified, to affirm the judgment, with an opinion, in which EIBER, J., concurs.
Appellate Division of the Supreme Court of the State of New York, Second Department.
LAZER, J. P.
At primary issue is the amount of damages to which the defendant is entitled as a result of the plaintiff's wrongful failure to convey real property. On June 10, 1969, the plaintiff entered into two contracts of sale with Todem Homes, Inc. (hereinafter Todem Homes). Under the first of those contracts, the plaintiff purchased a 20-acre parcel in the Village of Lloyd Harbor for $200,000. The parcel...
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