Centaur Properties, LLC v. Farahdian, 8603.

CourtNew York Supreme Court Appellate Division
Citation2006 NY Slip Op 04167,817 N.Y.S.2d 7,29 A.D.3d 468
Decision Date25 May 2006
PartiesCENTAUR PROPERTIES, LLC, et al., Respondents, v. ROBERT FARAHDIAN, Also Known as BEHROOZ FARAHDIAN, Appellant.
Docket Number8603.
29 A.D.3d 468
817 N.Y.S.2d 7
2006 NY Slip Op 04167
CENTAUR PROPERTIES, LLC, et al., Respondents,
v.
ROBERT FARAHDIAN, Also Known as BEHROOZ FARAHDIAN, Appellant.
8603.
Appellate Division of the Supreme Court of the State of New York, First Department.
May 25, 2006.

Judgment, Supreme Court, New York County (Louis B. York, J.), entered March 1, 2005, awarding plaintiff, after a referee's inquest, the principal sum of $220,381.50, unanimously affirmed, with costs.


Defendant waived his claim that plaintiff Centaur Properties lacks standing by failing to raise this affirmative defense in his answer, his motion for summary judgment or his opposition to plaintiffs' cross motion (see Matter of Prudco Realty Corp. v Palermo, 60 NY2d 656 [1983]; Charles Offset Co. v Hobart-McIntosh Paper Co., 192 AD2d 419 [1993]). In any event, it is uncontested that Centaur, through its principals, including plaintiff Hay, put up the $220,000 deposit that was lost as a result of defendant's breach of the purchase agreement. Thus, Centaur was the real party in interest here (see generally Sardanis v Sumitomo Corp., 282 AD2d 322 [2001]; Airlines Reporting Corp. v Pro Travel, 239 AD2d 233 [1997]).

29 A.D.3d 469

Defendant's arguments regarding the ambiguity of the contract are unpreserved since he never raised them in prior proceedings. In any event, the arguments based on alleged ambiguities, as well as on defendant's alleged oral modifications or oral condition precedent, are entirely without merit. The contract is unambiguous, thus precluding defendant's parol evidence of the alleged oral agreements (see W.W.W. Assoc. v Giancontieri, 77 NY2d 157, 162 [1990]). The court's concession that the "no consideration" clause was ambiguous in the amendment to the purchase agreement, by which defendant became obligated to purchase 51% of the subject unit, does not render the contract ambiguous. As the court found, there was, in fact, consideration in the form of plaintiff Hay's relinquishment of 51% of his rights under the purchase agreement, and defendant's assumption of 51% of the obligations. Defendant's alleged oral modifications or conditions are void under the contract's integration clause (see Daiichi Seihan USA v Infinity USA, 214 AD2d 487 [1995]), its no-oral-modification clause (General Obligations Law § 15-301 [1]), and the statute of frauds as it relates to the purchase of real property (General Obligations Law § 5-703). Defendant's claim, improperly raised for...

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5 practice notes
  • FTBK Investor II LLC v. Genesis Holding LLC, 810163/2011
    • United States
    • United States State Supreme Court (New York)
    • August 19, 2014
    ...940 N.Y.S.2d 263 (1st Dep't 2012) ; CDR Créances S.A.S. v. Cohen, 77 A.D.3d at 490, 909 N.Y.S.2d 697 ; Centaur Props., LLC v. Farahdian, 29 A.D.3d 468, 817 N.Y.S.2d 7 (1st Dep't 2006) ; plaintiff does not identify any prejudice from this interval of delay; and the court discerns none. Tishm......
  • Haberberg v. G.F.A. Advanced Sys. Ltd.
    • United States
    • New York Supreme Court Appellate Division
    • March 8, 2016
    ...real parties in interest here and, as such, they have standing to sue in their own names (see generally Centaur Props., LLC v. Farahdian, 29 A.D.3d 468, 817 N.Y.S.2d 7 [1st Dept.2006] ; Airlines Reporting Corp. v. Pro Travel, 239 A.D.2d 233, 657 N.Y.S.2d 654 [1st Dept.1997] ). York 97, LLC,......
  • 766 Tenth LLC v. Conversion Consulting LLC, Index No. 651905/2014
    • United States
    • United States State Supreme Court (New York)
    • August 29, 2016
    ...the contract is unambiguous, parol evidence of any alleged verbal agreements is precluded. See Centaur Properties, LLC v. Farahdian, 29 A.D.3d 468, 469 (1st Dept. 2006) (rejecting defendant's argument that the alleged oral modifications may be proven by parol evidence); Polygram Holding, In......
  • Meiterman v. Corporate Habitat, 9709
    • United States
    • New York Supreme Court Appellate Division
    • June 25, 2019
    ...that plaintiffs are the real parties in interest and have standing to sue in their own names (see Centaur Props., LLC v. Farahdian , 29 A.D.3d 468, 817 N.Y.S.2d 7 [1st Dept. 2006] ). In any event, the vague and general allegations in the original and amended pleadings that defendants misled......
  • Request a trial to view additional results
5 cases
  • FTBK Investor II LLC v. Genesis Holding LLC, 810163/2011
    • United States
    • United States State Supreme Court (New York)
    • August 19, 2014
    ...940 N.Y.S.2d 263 (1st Dep't 2012) ; CDR Créances S.A.S. v. Cohen, 77 A.D.3d at 490, 909 N.Y.S.2d 697 ; Centaur Props., LLC v. Farahdian, 29 A.D.3d 468, 817 N.Y.S.2d 7 (1st Dep't 2006) ; plaintiff does not identify any prejudice from this interval of delay; and the court discerns none. Tishm......
  • Haberberg v. G.F.A. Advanced Sys. Ltd.
    • United States
    • New York Supreme Court Appellate Division
    • March 8, 2016
    ...real parties in interest here and, as such, they have standing to sue in their own names (see generally Centaur Props., LLC v. Farahdian, 29 A.D.3d 468, 817 N.Y.S.2d 7 [1st Dept.2006] ; Airlines Reporting Corp. v. Pro Travel, 239 A.D.2d 233, 657 N.Y.S.2d 654 [1st Dept.1997] ). York 97, LLC,......
  • 766 Tenth LLC v. Conversion Consulting LLC, Index No. 651905/2014
    • United States
    • United States State Supreme Court (New York)
    • August 29, 2016
    ...the contract is unambiguous, parol evidence of any alleged verbal agreements is precluded. See Centaur Properties, LLC v. Farahdian, 29 A.D.3d 468, 469 (1st Dept. 2006) (rejecting defendant's argument that the alleged oral modifications may be proven by parol evidence); Polygram Holding, In......
  • Meiterman v. Corporate Habitat, 9709
    • United States
    • New York Supreme Court Appellate Division
    • June 25, 2019
    ...that plaintiffs are the real parties in interest and have standing to sue in their own names (see Centaur Props., LLC v. Farahdian , 29 A.D.3d 468, 817 N.Y.S.2d 7 [1st Dept. 2006] ). In any event, the vague and general allegations in the original and amended pleadings that defendants misled......
  • Request a trial to view additional results

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