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CARI, LLC v. 415 GREENWICH FEE OWNER, LLC

6662, 650690/10, 6662A

91 A.D.3d 583 (2012)

936 N.Y.S.2d 892

2012 NY Slip Op 651

CARI, LLC, Appellant, v. 415 GREENWICH FEE OWNER, LLC, et al., Respondents.

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

Decided January 31, 2012.

The contracts' termination provision provided that plaintiff could cancel the agreement for any reason and obtain the return of its deposit with interest, so long as it provided written notice to defendant sponsor no later than 10 days before closing. The court correctly determined that the termination provision rendered the contracts unenforceable for lack of mutual consideration (see Dorman v Cohen, 66 A.D.2d 411, 415, 418 [1979...

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