413 Throop, LLC v. Triumph
| Decision Date | 20 September 2017 |
| Citation | 153 A.D.3d 1306,61 N.Y.S.3d 307 |
| Parties | 413 THROOP, LLC, appellant-respondent, v. TRIUMPH, the CHURCH OF THE NEW AGE, respondent-appellant. |
| Court | New York Supreme Court — Appellate Division |
153 A.D.3d 1306
61 N.Y.S.3d 307
413 THROOP, LLC, appellant-respondent,
v.
TRIUMPH, the CHURCH OF THE NEW AGE, respondent-appellant.
Supreme Court, Appellate Division, Second Department, New York.
Sept. 20, 2017.
Jay S. Markowitz, P.C., Williston Park, NY, for appellant-respondent.
Schloss & Schloss, PLLC, Airmont, NY (Jonathan B. Schloss of counsel), for respondent-appellant.
CHERYL E. CHAMBERS, J.P., JEFFREY A. COHEN, BETSY BARROS, and VALERIE BRATHWAITE NELSON, JJ.
In an action, inter alia, for specific performance of a contract to purchase real property, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Toussaint, J.), dated May 16, 2016, as granted those branches of the defendant's motion which were pursuant to CPLR 3211(a)(1) to dismiss the complaint and to cancel the notice of pendency, and the defendant cross-appeals from so much of the same order as denied those branches of its motion which were to direct the plaintiff to pay costs and expenses pursuant to CPLR 6514(c) and to impose sanctions on the plaintiff pursuant to 22 NYCRR 130–1.1.
ORDERED that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
The plaintiff signed a contract to purchase a parcel of real property from the defendant. The plaintiff alleged that the defendant breached the contract and sought specific performance or, in the alternative, damages. The plaintiff also filed a notice of pendency with respect to the property. The defendant moved to dismiss the complaint pursuant to, inter alia, CPLR 3211(a)(1), on the ground that the contract contained a provision limiting the purchaser's remedy, in the event of the seller's default, to return of the down payment. The defendant also sought to cancel the notice of pendency, to direct the plaintiff to pay costs and expenses under
CPLR 6514(c), and to impose sanctions pursuant...
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