Daily Archives: Tuesday, July 17, 2018

Posted: July 17, 2018

Claim for Return of Down Payment Survives Dismissal Based on Allegation That Sellers Were Not Ready, Willing and Able to Close

On July 5, 2018, the Second Department issued a decision in 313 43rd St. Realty, LLC v. TMS Enterprises, LP, 2018 NY Slip Op. 05013, holding that a claim for the return of down payments was sufficient based on allegations that the sellers were not ready, willing and able to close, explaining: As a general... Read more »