SDK PROPERTY ONE, LLC v. QPI-XXXII, LLC

2014-07281, Index No. 700732/12.

143 A.D.3d 800 (2016)

2016 NY Slip Op 06696

39 N.Y.S.3d 60

SDK PROPERTY ONE, LLC, Appellant, v. QPI-XXXII, LLC, Respondent.

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

Decided October 12, 2016.


Ordered that the order is affirmed insofar as appealed from, with costs.

The parties entered into a purchase and sale agreement (hereinafter the agreement) dated May 4, 2010, in which the plaintiff agreed to purchase and the defendant agreed to sell certain real property located in Queens. The agreement required the defendant to "cure and eliminate all Title Objections which were caused by, resulted from or arose out of (1) a... mortgage." The subject property was...

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