1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 49 A.D.3d
  5. 49 A.D.3d 113 (2008)
 

NOVELTY CRYSTAL v. PSA INST.

49 A.D.3d 113 (2008)

850 N.Y.S.2d 497

NOVELTY CRYSTAL CORP., Respondent-Appellant, v. PSA INSTITUTIONAL PARTNERS, L.P., Appellant-Respondent.

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

January 15, 2008.

Attorney(s) appearing for the Case

Meyers Tersigni Feldman & Gray, LLP (Anthony L. Tersigni and Andrea Tersigni of counsel), for appellant-respondent.

McDonough Marcus Cohn Tretter Heller & Kanca, LLP, New Rochelle (Randy J. Heller of counsel), for respondent-appellant.

SANTUCCI, FLORIO and ANGIOLILLO, JJ., concur.

OPINION OF THE COURT

SPOLZINO, J.P.

The principal issue presented by this appeal is whether a purchaser of real property may maintain an action after the closing of title, in either contract or tort, to recover damages for the seller's failure to deliver the premises vacant and clean as required by the contract. We conclude that the purchaser may not do so where, as here, the terms of the contract do not provide for the survival of such a claim. Therefore...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases