Monthly Archives: June 2021

This was originally posted on the SGR Blog.

Contracts for the sale of residential property often contain both generic and specific provisions with respect to the purchaser’s right to inspect the premises between the time the contract is signed and the actual closing and transfer of title. But, as a recent case illustrates, the scope of that inspection right may nevertheless be the basis of a dispute.

Oren Mor and Hadar Laor (for convenience, the “Mors”) owned a residential condominium unit 3C at 15 Hubert Street in Manhattan. Jessica Fisher signed a contract to buy the unit for $3,875,000, with a $387,500 deposit. She contemplated making extensive alterations to meet her specific requirements. Fisher suffered from various medical ailments, including allergy-induced asthma, which required her to investigate an apartment’s HVAC units and soundproofing. And alleged that she was promised unfettered access to the apartment prior to the closing so that she could perform various inspections. Despite purported oral representations about her access to the apartment, Fisher claimed that her request for an asbestos inspection was denied. She claimed that this was a routine inspection and required in order to submit any alteration plans.

This was originally posted on the SGR Blog.

Construction often leads to an increase in the range, or a change in the pitch, of impermeable surfaces (such as driveways and parking areas). With a concomitant increase in water flow. And damage to contiguous properties. But what is the injured neighbor to do? As a recent case illustrates, whether or not claims for negligence, trespass, or nuisance survive a motion to dismiss may depend more on” timing” than “substance.”

Joseph Ubiles and Bernice Ubiles owned and lived at 429 West 147th Street. Ndingara Ngardingabe and Julie Camiuli owned the lots next door at 431-433 West 147th Street, where he lived, and she worked. Lots #431 and #433 were merged in 1991. And the former lot # 431 (adjacent to the Ubiles’ property) was used as a driveway that was constructed in 1989 and paved in 2009.