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Real Property Law
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.
In 2016, purchaser entered into a contract to purchase the subject real property and in 2018 brought an action for specific performance. A stipulation of settlement altered some terms of the contract and set a new closing date of July 23, 2019. When the parties failed to close, purchaser brought a new action for specific performance, damages for breach of contract, quantum meruit, and unjust enrichment. The complaint alleged that seller failed to appear at the scheduled closing date, and then, when purchaser sought to close later, seller refused to pay the transfer taxes required by the sale contract, and therefore no closing took place. Supreme Court granted seller's motion to dismiss concluding that a limitation of damages provision in the stipulation precluded purchaser from seeking specific performance or damages for breach of contract. Purchaser appealed.
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