Opinion
12601 Index No. 656476/18 Case No. 2019-04193
12-10-2020
NYC 4900 HOLDINGS LLC, Plaintiff–Appellant, v. Lazer STERNHELL et al., Defendants–Respondents.
The Price Law Firm LLC, New York (Joshua C. Price of counsel), for appellant. Rosenberg & Steinmetz PC, Valley Stream (Rachelle Rosenberg of counsel), for respondents.
The Price Law Firm LLC, New York (Joshua C. Price of counsel), for appellant.
Rosenberg & Steinmetz PC, Valley Stream (Rachelle Rosenberg of counsel), for respondents.
Manzanet–Daniels, J.P., Mazzarelli, Gesmer, Moulton, Shulman, JJ.
Order, Supreme Court, New York County (James E. D'Auguste, J.), entered September 25, 2019, which denied plaintiff's motion for summary judgment declaring, upon the claim that defendant breached the contract for the sale of real estate, that it was entitled to retain defendant's down payment, unanimously affirmed, with costs.
The motion court correctly found issues of fact as to plaintiff's ability to deliver clear title to the property at the time of closing (see Donerail Corp. N.V. v. 405 Park LLC, 100 A.D.3d 131, 138, 952 N.Y.S.2d 137 [1st Dept. 2012] ). In opposition to plaintiff's motion, defendant submitted evidence that before the scheduled closing date the title company had discovered two notices of lis pendens on the property. Plaintiff did not reply.