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Real Property Law

By New York Real Estate Law Reporter Staff
June 01, 2024

Damage Limitation Does Not Require Dismissal of Buyer's Claim When Buyer Alleges Bad Faith

Saadia v. National Society of Hebrew Day Schools, Inc. 2024 WL 1184339 AppDiv, Second Dept. (memorandum opinion)

In purchaser's action for specific performance of a sale contract, purchaser appealed from Supreme Court's grant of seller's motion to dismiss the complaint and cancel the notice of pendency. The appellate Division modified to deny the motion to dismiss and cancel the notice of pendency, while upholding Supreme Court's dismissal of the claims based on unjust enrichment and quantum meruit.

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