WAS REQUIRED TO PAY ALL FINES WITHIN TWELVE MONTHS OF CLOSING
After the Kings County Supreme Court denied plaintiff 410’s request – via a motion for summary judgment -- for a pre-trial ruling that the sellers had breached their contractual obligations, an appeal followed.
And on its review, the Appellate Division, Second Department, noted that the parties’ agreement unequivocally provided that the defendants would pay all fines attributable to any open Environmental Control Board and Department of Buildings violations within twelve months after closing.
While the sellers pointed to some arguably inconsistent language, the AD2 didn’t think that wording absolved the sellers of their obligation to remit payment by the agreed-upon date.
Given that backdrop, because it concluded that relief should have been granted in 410’s favor, the AD2 reversed the underlying determination.
Bet the sellers weren’t fine with that ….
# # #
DECISION