Monthly Archives: December 2023

Was Seller Entitled to Keep Contract Deposit?

The seller of a cooperative apartment unit alleged that the buyer  anticipatorily breached the contract of sale by refusing to proceed with her own “time of the essence” closing. And claimed that he was entitled to keep the down payment.  Litigation ensued.

On July 12, 2019,  Hector Cruz, as seller, and Tabitha Williams, as buyer, signed a contract for the purchase of the apartment  for  $280,000.00. The contract required Williams to make a down payment of $28,000 –which was paid by check and  was being held in escrow by Cruz’ counsel for the transaction, Ryan J. Walsh.

In an action seeking permanent injunctive relief upon claims for breach of contract, nuisance, and trespass, Sabrina Santoro and Antonio Micalizzi, owners of a Manhattan condominium unit, alleged that the tenants of a neighboring unit owned by Luigi Rosabianca had caused excessive noise and odors to emanate from his unit and that the  Board of Managers of Cipriani Club Residences at 55 Wall Condominium and First Service Realty, Inc.  had not sufficiently addressed their complaints. The board and building manager answered the complaint. Santoro/Micalizzi moved for leave to enter a default judgment against Rosabianca and John Does 1-10, the fictitious name afforded his tenants.

Did Stipulation Adjourning Closing Create a TOE Date?

In 2010,  Edmund Lashley entered into a contract of sale with BDL Real Estate Development Corp. for 1474  Ralph Avenue in Brooklyn. Lashley had been leasing one of two buildings located on the property for use as an auto body repair shop since 2007. The contract did not contain a closing date. Sometime after the parties entered into the contract, BDL commenced a landlord-tenant proceeding against Lashley, which the parties settled in a stipulation dated February 16, 2011. Paragraph 2 of the stipulation provided that “[i]n settlement and satisfaction of all claims by [Lashley], and in consideration of [Lashley] closing title on the purchase of 1474 Ralph Avenue, Brooklyn, New York, no later than March 31, 2011, [BDL] waives the rent due for July 2010.” The closing never occurred.