S. Rd. Tabernacle Church of God v. 749 Lexington Ventures, LLC

• Decision Date: 06 April 2022
• Docket Number: 2019–13576,Index No. 511474/18
• Parties: SOUTH ROAD TABERNACLE CHURCH OF GOD, respondent, v. 749 LEXINGTON VENTURES, LLC, defendant, Real Peak, LLC, et al., appellants.
• Court: New York Supreme Court — Appellate Division

204 A.D.3d 718
166 N.Y.S.3d 647

SOUTH ROAD TABERNACLE CHURCH OF GOD, respondent,
v.
749 LEXINGTON VENTURES, LLC, defendant,

Real Peak, LLC, et al., appellants.

2019–13576
Index No. 511474/18

Supreme Court, Appellate Division, Second Department, New York.

Submitted—January 28, 2022
April 6, 2022

166 N.Y.S.3d 648

Anderson, Bowman & Zalewski PLLC, Kew Gardens, NY (Matthew J. Routh of counsel), for appellants.

Suslovich & Klein LLP, Brooklyn, NY (Mark M. Kranz of counsel), for respondent.

ANGELA G. IANNACCI, J.P., ROBERT J. MILLER, JOSEPH J. MALTESE, DEBORAH A. DOWLING, JJ.

DECISION & ORDER

204 A.D.3d 719

In an action, inter alia, to recover damages for breach of a contract for the sale of real property, the defendants Real Peak, LLC, and Oz Rabinovitz appeal from a judgment of the Supreme Court, Kings County (Loren Baily–Schiffman, J.), dated November 19, 2019. The judgment, upon an order of the same court dated November 7, 2019, granting the plaintiff's motion for summary judgment on the second cause of action asserted against the defendant Real Peak, LLC, is in favor of the plaintiff and against that defendant in the total sum of $86,327.

ORDERED that the appeal by the defendant Oz Rabinovitz is dismissed, as that defendant is not aggrieved by the judgment (see CPLR 5511 ; Mixon v. TBV, Inc., 76 A.D.3d 144, 904 N.Y.S.2d 132 ); and it is further,

ORDERED that the judgment is affirmed on the appeal by Real Peak, LLC; and it is further,

ORDERED that one bill of costs is awarded to the plaintiff.

In March 2018, the plaintiff entered into a contract for the sale of real property to the defendant 749 Lexington Ventures, LLC (hereinafter 749 Lexington). Nonparty Jacob Suslovich, an attorney, represented the plaintiff in connection with the sale. The contract was duly executed by the plaintiff and the defendant Oz Rabinovitz (hereinafter Rabinovitz), in his capacity as a "member" of 749 Lexington, and provided for a down payment amount of

166 N.Y.S.3d 649

$75,000 due "[o]n the signing of this contract." A rider to the contract of sale further provided that the down payment amount due at the signing of the contract "shall be held in escrow by the [plaintiff's] attorney until closing of title," and that the contract would not be binding...