LONG ISLAND SAV. BANK v. GELODA/BRIARWOOD CORP.


235 A.D.2d 301 (1997)

652 N.Y.S.2d 611

Long Island Savings Bank, FSB, Respondent, v. Geloda/Briarwood Corp., Appellant

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

January 21, 1997


Defendant contends that plaintiff has no right to any "additional satisfaction compensation", and therefore no need for an accounting, because the condition precedent to such right, namely, the sale of all of the units in the condominium, never happened. However, as this Court presaged in the prior appeal of the first summary judgment motion, paragraph 9 (c), providing for an accounting and disbursement of net profits after the sale of all of the units and the garage, could...

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