Moran v. Erk

• Decision Date: 09 November 2007
• Docket Number: CA 06-02536
• Citation: Moran v. Erk, 45 A.D.3d 1329, 844 N.Y.S.2d 806, 2007 NY Slip Op 8548 (N.Y. App. Div. 2007)
• Parties: JAMES J. MORAN et al., Respondents, v. MEHMET ERK et al., Appellants. (Appeal No. 2.)
• Court: New York Supreme Court — Appellate Division

45 A.D.3d 1329

844 N.Y.S.2d 806

2007 NY Slip Op 08548

JAMES J. MORAN et al., Respondents, v. MEHMET ERK et al., Appellants. (Appeal No. 2.)

CA 06-02536

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided November 9, 2007.

Appeal from a judgment of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered July 20, 2006 in a breach of contract action. The judgment, after a nonjury trial, awarded plaintiffs $234,065.75 against defendants.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Following a bench trial, Supreme Court awarded plaintiffs damages arising from defendants' breach of a contract pursuant to which defendants had agreed to purchase plaintiffs' residential property. Contrary to defendants' contention, the evidence supports the court's determination that defendants acted in bad faith by instructing their attorney to disapprove the contract, and thus "the condition that the contract be approved by [defendants'] attorney must be deemed waived and the contract formed" (McKenna v Case, 123...