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SMG ASSOCS. v. FINE

204 A.D.2d 428 (1994)

611 N.Y.S.2d 643

SMG Associates, Appellant, v. Eli B. Fine et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 9, 1994

Ordered that the judgment is affirmed, with costs.

Singer Associates agreed to purchase property from the defendants. Prior to closing, Singer Associates assigned the contract rights in this action to the plaintiff, SMG Associates. A representative of the plaintiff did not attend the closing, which took place as scheduled. The deed and the mortgage, which were recorded a week later, contained a provision which stated, in...

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