1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 199 A.D.3d
  5. 199 A.D.3d 554 (2021)
 

19 STANTON ST. LLC v. 19 STANTON REALTY LLC

653272/18. Appeal No. 14693. Case No. 2020-03726.

199 A.D.3d 554 (2021)

154 N.Y.S.3d 753

2021 NY Slip Op 06533

19 Stanton Street LLC, Appellant, v. 19 Stanton Realty LLC, Respondent.

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

Decided November 23, 2021.

Attorney(s) appearing for the Case

Woods Oviatt Gilman LLP, Rochester ( John Nutter of counsel), for appellant.

Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York ( Paul N. Gruber of counsel), for respondent.

Concur—Kern, J.P., Gesmer, González, Shulman, Higgitt, JJ.

The motion court correctly determined that under the merger doctrine, section 30.3 of the parties' agreement, which provided for attorneys' fees, did not survive the real estate closing, because, unlike other clauses of the agreement, section 30.3 did not state that it would survive the closing and transfer of the deed (see TIAA Global Invs., LLC v One Astoria Sq. LLC, 127 A.D.3d 75, 85 [1st Dept 2015]). The court also properly determined...

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