New York City Real Property Litigator

New York City Real Property Litigator

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Category Archives: Contracts

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First Department limits part performance exception to Statute of Frauds

Posted in Contracts
Gural v. Drasner, Appellate Division, First Department Index No. 103283/2008 The Appellate Division, First Department has limited the applicability of the part performance exception to the Statute of Frauds. As many real estate lawyers know, the Statute of Frauds, which requires certain contracts for conveyances of interest in real property to be in writing and… Continue Reading

Seller did not need to demonstrate it was ready, willing, and able to close to recover contract deposit

Posted in Contracts
Princess Point L.L.C. v. AKRF Eng’g, P.C., New York County Supreme Court Index No. 601849/2008 In this Commercial Division case, Justice Charles Ramos ruled that a seller was not required to demonstrate that it was ready, willing, and able to perform a contract where the purchaser has anticipatorily repudiated the contract in order to retain… Continue Reading

Letter of Intent is not a Contract of Sale

Posted in Contracts
Piller v. Marsam Realty 13th Avenue, LLC, Kings County Supreme Court Index No. 500141/2013 Kings County Commercial Division Justice Carolyn Demarest recently wrestled with a question that continues to confront New York real estate lawyers frequently, namely: when is a Letter of Intent a binding contract?  In this case Justice Demarest held that the parties… Continue Reading