H EIGHTH AVENUE ASSOCIATES, LLC v. STESSA CORP.

6902, 103296/10.

92 A.D.3d 592 (2012)

938 N.Y.S.2d 560

2012 NY Slip Op 1371

H EIGHTH AVENUE ASSOCIATES, LLC, Respondent-Appellant, v. STESSA CORP., Appellant-Respondent.

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

Decided February 23, 2012.


Plaintiff seller could not have cured the notice of pendency problem by the latest of the closing dates selected through no fault of its own, and properly demanded that defendant purchaser elect its remedies pursuant to the limitation of remedies provision in their contract of sale (see Mehlman v 592-600 Union Ave. Corp., 46 A.D.3d 338, 342-343 [2007]; Meisels v 1295 Union Equities Corp., 306 A.D.2d 144

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