LUCCA MASSIMO, LTD. v. WOLOWITZ


281 A.D.2d 186 (2001)

721 N.Y.S.2d 233

LUCCA MASSIMO, LTD., Appellant, v. JAY WOLOWITZ, Defendant and Third-Party Plaintiff-Respondent. GRAMERCY TOWERS OWNERS CORPORATION, Third-Party Defendant-Respondent.

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

Decided March 6, 2001.


The court properly dismissed plaintiff's breach of contract claim, except to the extent that plaintiff seeks return of its deposit and its title-search costs, if any, since the cooperative corporation's refusal to consent to transfer of the shares and proprietary lease appurtenant to the apartment is an insurmountable bar to defendant's performance under the contract of sale (see, Sini v Hyngstrom, 109 A.D.2d 671). The contract unambiguously...

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