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Articles Posted in Summary Judgment

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Privity is Alive and Well in New York Construction Law Breach of Contracts Matters

The sponsor of a condominium complex attempted to hold a subcontractor responsible for various construction defects in 610 West Realty, LLC v. Riverview West Contracting, LLC (N.Y. Sup. Ct. Co. Index No. 15537/2013).  The Court, in a decision dated May 24, 2016, upheld the concept of privity in granting the…

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Summary Judgment Denied Where Issue Of Fact Exists As To Whether Seller Was “Ready, Willing And Able” To Close

Can a cooperative apartment owner claim to be “ready, willing and able” to close where the board of directors of the cooperative has threatened to try to reclaim exclusive rights to penthouse terrace access that the buyer bargained for?  According to the First Department, the answer may well be “No”…

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