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Bd. of Managers of the Shorehaven Condo. v. Pina

Supreme Court, Appellate Division, First Department, New York.
Jun 13, 2013
107 A.D.3d 516 (N.Y. App. Div. 2013)

Opinion

2013-06-13

BOARD OF MANAGERS OF the SHOREHAVEN CONDOMINIUM, Plaintiff–Respondent, v. Hector PINA, et al., Defendants, Amit Louzon, Nonparty Appellant.

Amit Louzon, appellant pro se. Ronald Francis, New York, for respondent.



Amit Louzon, appellant pro se. Ronald Francis, New York, for respondent.
ACOSTA, J.P., SAXE, RENWICK, RICHTER, CLARK, JJ.

Order, Supreme Court, Bronx County (Robert E. Torres, J.), entered October 19, 2011, which, insofar as appealed from, denied the motion of nonparty Amit Louzon seeking, inter alia, to direct the return of his deposit paid at a foreclosure auction, unanimously affirmed, without costs.

The court properly denied Louzon's motion, since he did not perform at the scheduled closing, thereby defaulting under the clear terms of sale that he had agreed to. Under these clear terms, plaintiff made no representations or warranties with respect to the marketability and insurability of title, or to existing mortgages on the property, and Louzon was required to pay the balance of the purchase price on the closing date or forfeit his deposit.

Although, on the same date as the closing, the court signed defendants' order to show cause directing that the closing be stayed, the record demonstrates that service of that order to show cause was not effectuated until after the closing had taken place. Thus, the closing had not been stayed and Louzon remained obligated to perform ( see Lenders Capital LLC v. Ranu Realty Corp., 99 A.D.3d 566, 952 N.Y.S.2d 187 [1st Dept. 2012] ).


Summaries of

Bd. of Managers of the Shorehaven Condo. v. Pina

Supreme Court, Appellate Division, First Department, New York.
Jun 13, 2013
107 A.D.3d 516 (N.Y. App. Div. 2013)
Case details for

Bd. of Managers of the Shorehaven Condo. v. Pina

Case Details

Full title:BOARD OF MANAGERS OF the SHOREHAVEN CONDOMINIUM, Plaintiff–Respondent, v…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Jun 13, 2013

Citations

107 A.D.3d 516 (N.Y. App. Div. 2013)
107 A.D.3d 516
2013 N.Y. Slip Op. 4448