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856 Lexington Avenue Assoc. v. S.P. Karalis

Appellate Division of the Supreme Court of New York, First Department
Jan 24, 1991
169 A.D.2d 576 (N.Y. App. Div. 1991)

Opinion

January 24, 1991

Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).


Plaintiff obtained summary judgment against defendant for defendant's breach of an agreement to purchase real property, where defendant's down payment check was dishonored for insufficient funds. Judgment was entered in plaintiff's favor on March 14, 1989. Only after plaintiff had collected approximately one half the judgment did defendants move for renewal, asserting for the first time, four years after plaintiff's initial summary judgment motion, that the down payment check had been given to the escrow agent with instructions not to cash it until a certain date. As defendants utterly failed to provide any valid excuse for not having previously raised this factual assertion on the earlier motions, Supreme Court was fully justified in denying the motion to renew (300 W. Realty Co. v City of New York, 99 A.D.2d 708).

Concur — Carro, J.P., Ellerin, Kupferman, Kassal and Rubin, JJ.


Summaries of

856 Lexington Avenue Assoc. v. S.P. Karalis

Appellate Division of the Supreme Court of New York, First Department
Jan 24, 1991
169 A.D.2d 576 (N.Y. App. Div. 1991)
Case details for

856 Lexington Avenue Assoc. v. S.P. Karalis

Case Details

Full title:856 LEXINGTON AVENUE ASSOCIATES, Respondent, v. S.P. KARALIS CO. et al.…

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

Date published: Jan 24, 1991

Citations

169 A.D.2d 576 (N.Y. App. Div. 1991)
564 N.Y.S.2d 430