Victor M. Metsch, Esq.

Court Determines Whether Or Not Calvano Keeps $110K  Deposit

In April 2020, 7 Mansion LLC entered into a contract to purchase from Lynn Calvano a parcel of property located in Old Westbury for a purchase price of $2,200,000. With a $110,000 contract deposit. Following various delays and an amendment to the contract, Mansion did not appear at a scheduled closing and, by letter dated December 8, 2020, Calvano cancelled the contract. Thereafter, Mansion commenced an action against Calvano seeking specific performance of the contract. Mansion also filed a notice of pendency against the property. Calvano moved to dismiss the complaint based upon documentary evidence and to cancel the notice of pendency. Supreme Court granted the motion. Mansion appealed.

Did Salzberg or Sena Own The Formerly Unusable Forest Like Area?

Charles Andrew Salzberg and Kenneth Sena owned adjacent parcels of real property in Croton-on-Hudson. Salzberg purchased his property in 2011 from Daniel Scalzi, who had previously owned the property jointly with his former wife, Victoria Manes, until she transferred ownership to him in 2004. According to Scalzi, in 1987, he spent $12,000 clearings a portion of land along the common boundary of the properties, which at that time consisted of unusable forest-like area, and erecting a split rail fence on the strip, so as to integrate it into his lawn. Scalzi asserted that, thereafter and for the duration of his ownership of the property, he cultivated and maintained the strip, which also included a portion of a barbeque pit that had been built onto his property by a predecessor. Scalzi admitted that during the process of clearing the strip and erecting the fence, he realized, upon his discovery of concrete monuments in the ground, that he was over the boundary line of his property and encroaching somewhat onto the neighboring property. However, Scalzi asserted that he never advised the then owners of  Sena’s property or asked their permission to use a portion of their land.