Namdar E. 106 LLC v Manna House Workshops, Inc. 2026 NY Slip Op 30786(U) March 5, 2026 Supreme Court, New York County Docket Number: Index No. 153157/2020 Judge: Sabrina Kraus Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.
file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.1531572020.NEW_YORK.001.LBLX036_TO.html[03/13/2026 3:45:54 PM] FILED: NEW YORK COUNTY CLERK 03/05/2026 11:59 AM INDEX NO. 153157/2020 NYSCEF DOC. NO. 161 RECEIVED NYSCEF: 03/05/2026
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. SABRINA KRAUS PART 57M Justice ---------------------------------------------------------------------------------X INDEX NO. 153157/2020 NAMDAR EAST 106 LLC, 338 E 106 BH LLC, MOTION DATE 02/04/2026 Plaintiffs, MOTION SEQ. NO. 004 -v- MANNA HOUSE WORKSHOPS, INC., A & A EAST 106 DECISION + ORDER ON LLC, AVI ISHTA MOTION Defendants. ---------------------------------------------------------------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 004) 1, 14, 32, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160 were read on this motion to/for SUMMARY JUDGMENT (AFTER JOINDER) .
BACKGROUND
Klosed Properties, Inc. (“Klosed”) commenced this action against Manna House
Workshops, Inc. (“Manna”), A & A East 106 LLC (“A & A”), and Avi Ishta seeking damages
and other relief for breach of contract in connection with a contract for the sale of Manna’s
property located at 338 East 106th Street, New York, NY (the “Property”).
FACTS
Plaintiffs submit the following evidence from the record support of their motion.
Manna is a not-for-profit organization incorporated in the State of New York. Sometime
in September 2019, Klosed, Plaintiffs’ predecessor-in-interest, entered into a contract
(“Contract”) with Manna authorizing the sale of the Property for $1.8 million with a closing date
on or about 10 days after Manna received approval of the sale from the New York State Attorney
General (NYSCEF Doc No. 144, at 3; see Not-for-Profit Corporation Law § 511(a) [providing
153157/2020 KLOSED PROPERTIES, INC. vs. MANNA HOUSE WORKSHOPS, INC. Page 1 of 5 Motion No. 004
1 of 5 [* 1] FILED: NEW YORK COUNTY CLERK 03/05/2026 11:59 AM INDEX NO. 153157/2020 NYSCEF DOC. NO. 161 RECEIVED NYSCEF: 03/05/2026
that a nonprofit corporation must submit a petition to the Attorney General in order to sell
substantially all its assets]).
Unbeknownst to Plaintiffs, Manna then entered into another contract for the sale of the
Property with A & A, and the two filed a Memorandum of Contract memorializing the
transaction with New York City’s Office of the Register (NYSCEF Doc No. 145).
RELEVANT PROCEDURAL HISTORY
On January 15, 2021, the Court (Kelly, J.S.C.) issued a decision and order granting
Plaintiffs’ motion for a default judgment as against defendants A & A East 106 LLC and Avi
Ishta (NYSCEF Doc No. 14).
On February 10, 2021, the Court (Kelly, J.S.C.) amended the January 15, 2021, decision
and order, adding that Plaintiffs were entitled to a declaratory judgment on their third cause of
action finding that the Notice of Memorandum was void and invalid and would be stricken from
the property records of the County Clerk. The order also severed the balance of the action
(NYSCEF Doc No. 32).
PENDING MOTION
On February 27, 2026, Plaintiffs moved for partial summary judgment as against Manna
(NYSCEF Doc No. 139 [mot. seq. 004]). Plaintiffs specifically move for summary judgment on
the first, sixth and seventh causes of action.
The motion was marked submitted on February 27, 2026. Manna did not file opposition.
The Court grants the motion in part for the reasons set forth below.
DISCUSSION
Summary judgment is a drastic remedy reserved for cases where “no material and triable
issue of fact is presented” (Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395, 404
153157/2020 KLOSED PROPERTIES, INC. vs. MANNA HOUSE WORKSHOPS, INC. Page 2 of 5 Motion No. 004
2 of 5 [* 2] FILED: NEW YORK COUNTY CLERK 03/05/2026 11:59 AM INDEX NO. 153157/2020 NYSCEF DOC. NO. 161 RECEIVED NYSCEF: 03/05/2026
[1957]). To prevail on summary judgment, the movant must establish prima facie entitlement to
judgment as a matter of law, tendering evidence in admissible form demonstrating the absence of
any triable issues of fact (CPLR § 3212(b); Matter of New York City Asbestos Litig., 33 NY3d
20, 25–26 [2019]). Failure to make such a showing requires denial of the motion, “regardless of
the sufficiency of the opposing papers” (Winegrad v N.Y. Univ. Med. Ctr., 64 NY2d 851, 853
[1985]).
An unopposed motion for summary judgment will be denied either upon a movant’s
failure to establish a prima facie case or “where the evidence creates a question of fact” (Yonkers
Ave. Dodge, Inc. v BZ Results, LLC, 95 AD3d 774, 774–75 [1st Dept 2012]). Courts view the
evidence in a light most favorable to the nonmovant and accord the nonmovant “the benefit of
every reasonable inference” (Negri v Stop & Shop, Inc., 65 NY2d 625, 626 [1985]).
The Court Grants Plaintiffs’ Motion for Summary Judgment as to Their First Cause of Action for Breach of Contract
To establish a breach of contract, a plaintiff must demonstrate that (1) the parties entered
into a valid agreement, (2) the plaintiff performed, (3) the defendant failed to perform and (4) the
plaintiff suffered damages (Flomenbaum v New York Univ., 71 AD3d 80, 91 [1st Dept 2009]).
Further, an anticipatory repudiation occurs when “a party repudiates contractual duties prior to
the time designated for performance and before all of the consideration has been fulfilled”
(Norcon Power Partners, L.P. v Niagara Mohawk Power Corp., 92 NY2d 458, 462–63 [1998]
[internal quotations omitted]). A party harmed by anticipatory repudiation may choose to pursue
damages for breach (Princes Point LLC v Muss Dev. L.L.C., 30 NY3d 127, 133 [2017]).
Plaintiffs submit evidence that they and Manna were parties to the Contract executed on
September 11, 2019, for the Sale of the Property (NYSCEF Doc No. 144) and that sometime
after they contracted but prior to February 26, 2020, Manna then entered into another contract for
153157/2020 KLOSED PROPERTIES, INC. vs. MANNA HOUSE WORKSHOPS, INC. Page 3 of 5 Motion No. 004
3 of 5 [* 3] FILED: NEW YORK COUNTY CLERK 03/05/2026 11:59 AM INDEX NO. 153157/2020 NYSCEF DOC. NO. 161 RECEIVED NYSCEF: 03/05/2026
sale of the Property with A & A (NYSCEF Doc No. 145, at 1). Plaintiffs have thus established a
prima facie case that Manna anticipatorily repudiated the Contract when Manna subsequently
contracted with A & A for the sale of the same Property.
Accordingly, the Court grants Plaintiffs’ motion for summary judgment as to their first
cause of action.
The Court Grants Plaintiffs’ Motion as to Their Sixth Cause of Action for Return of the Downpayment
Plaintiff moves for summary judgment as to their sixth cause of action for “Return of
Deposit” against Manna House (NYSCEF Doc No. 155). While “return of deposit” is not a cause
of action recognized in the State of New York, Plaintiffs appear to request this as a measure of
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Namdar E. 106 LLC v Manna House Workshops, Inc. 2026 NY Slip Op 30786(U) March 5, 2026 Supreme Court, New York County Docket Number: Index No. 153157/2020 Judge: Sabrina Kraus Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.
file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.1531572020.NEW_YORK.001.LBLX036_TO.html[03/13/2026 3:45:54 PM] FILED: NEW YORK COUNTY CLERK 03/05/2026 11:59 AM INDEX NO. 153157/2020 NYSCEF DOC. NO. 161 RECEIVED NYSCEF: 03/05/2026
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. SABRINA KRAUS PART 57M Justice ---------------------------------------------------------------------------------X INDEX NO. 153157/2020 NAMDAR EAST 106 LLC, 338 E 106 BH LLC, MOTION DATE 02/04/2026 Plaintiffs, MOTION SEQ. NO. 004 -v- MANNA HOUSE WORKSHOPS, INC., A & A EAST 106 DECISION + ORDER ON LLC, AVI ISHTA MOTION Defendants. ---------------------------------------------------------------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 004) 1, 14, 32, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160 were read on this motion to/for SUMMARY JUDGMENT (AFTER JOINDER) .
BACKGROUND
Klosed Properties, Inc. (“Klosed”) commenced this action against Manna House
Workshops, Inc. (“Manna”), A & A East 106 LLC (“A & A”), and Avi Ishta seeking damages
and other relief for breach of contract in connection with a contract for the sale of Manna’s
property located at 338 East 106th Street, New York, NY (the “Property”).
FACTS
Plaintiffs submit the following evidence from the record support of their motion.
Manna is a not-for-profit organization incorporated in the State of New York. Sometime
in September 2019, Klosed, Plaintiffs’ predecessor-in-interest, entered into a contract
(“Contract”) with Manna authorizing the sale of the Property for $1.8 million with a closing date
on or about 10 days after Manna received approval of the sale from the New York State Attorney
General (NYSCEF Doc No. 144, at 3; see Not-for-Profit Corporation Law § 511(a) [providing
153157/2020 KLOSED PROPERTIES, INC. vs. MANNA HOUSE WORKSHOPS, INC. Page 1 of 5 Motion No. 004
1 of 5 [* 1] FILED: NEW YORK COUNTY CLERK 03/05/2026 11:59 AM INDEX NO. 153157/2020 NYSCEF DOC. NO. 161 RECEIVED NYSCEF: 03/05/2026
that a nonprofit corporation must submit a petition to the Attorney General in order to sell
substantially all its assets]).
Unbeknownst to Plaintiffs, Manna then entered into another contract for the sale of the
Property with A & A, and the two filed a Memorandum of Contract memorializing the
transaction with New York City’s Office of the Register (NYSCEF Doc No. 145).
RELEVANT PROCEDURAL HISTORY
On January 15, 2021, the Court (Kelly, J.S.C.) issued a decision and order granting
Plaintiffs’ motion for a default judgment as against defendants A & A East 106 LLC and Avi
Ishta (NYSCEF Doc No. 14).
On February 10, 2021, the Court (Kelly, J.S.C.) amended the January 15, 2021, decision
and order, adding that Plaintiffs were entitled to a declaratory judgment on their third cause of
action finding that the Notice of Memorandum was void and invalid and would be stricken from
the property records of the County Clerk. The order also severed the balance of the action
(NYSCEF Doc No. 32).
PENDING MOTION
On February 27, 2026, Plaintiffs moved for partial summary judgment as against Manna
(NYSCEF Doc No. 139 [mot. seq. 004]). Plaintiffs specifically move for summary judgment on
the first, sixth and seventh causes of action.
The motion was marked submitted on February 27, 2026. Manna did not file opposition.
The Court grants the motion in part for the reasons set forth below.
DISCUSSION
Summary judgment is a drastic remedy reserved for cases where “no material and triable
issue of fact is presented” (Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395, 404
153157/2020 KLOSED PROPERTIES, INC. vs. MANNA HOUSE WORKSHOPS, INC. Page 2 of 5 Motion No. 004
2 of 5 [* 2] FILED: NEW YORK COUNTY CLERK 03/05/2026 11:59 AM INDEX NO. 153157/2020 NYSCEF DOC. NO. 161 RECEIVED NYSCEF: 03/05/2026
[1957]). To prevail on summary judgment, the movant must establish prima facie entitlement to
judgment as a matter of law, tendering evidence in admissible form demonstrating the absence of
any triable issues of fact (CPLR § 3212(b); Matter of New York City Asbestos Litig., 33 NY3d
20, 25–26 [2019]). Failure to make such a showing requires denial of the motion, “regardless of
the sufficiency of the opposing papers” (Winegrad v N.Y. Univ. Med. Ctr., 64 NY2d 851, 853
[1985]).
An unopposed motion for summary judgment will be denied either upon a movant’s
failure to establish a prima facie case or “where the evidence creates a question of fact” (Yonkers
Ave. Dodge, Inc. v BZ Results, LLC, 95 AD3d 774, 774–75 [1st Dept 2012]). Courts view the
evidence in a light most favorable to the nonmovant and accord the nonmovant “the benefit of
every reasonable inference” (Negri v Stop & Shop, Inc., 65 NY2d 625, 626 [1985]).
The Court Grants Plaintiffs’ Motion for Summary Judgment as to Their First Cause of Action for Breach of Contract
To establish a breach of contract, a plaintiff must demonstrate that (1) the parties entered
into a valid agreement, (2) the plaintiff performed, (3) the defendant failed to perform and (4) the
plaintiff suffered damages (Flomenbaum v New York Univ., 71 AD3d 80, 91 [1st Dept 2009]).
Further, an anticipatory repudiation occurs when “a party repudiates contractual duties prior to
the time designated for performance and before all of the consideration has been fulfilled”
(Norcon Power Partners, L.P. v Niagara Mohawk Power Corp., 92 NY2d 458, 462–63 [1998]
[internal quotations omitted]). A party harmed by anticipatory repudiation may choose to pursue
damages for breach (Princes Point LLC v Muss Dev. L.L.C., 30 NY3d 127, 133 [2017]).
Plaintiffs submit evidence that they and Manna were parties to the Contract executed on
September 11, 2019, for the Sale of the Property (NYSCEF Doc No. 144) and that sometime
after they contracted but prior to February 26, 2020, Manna then entered into another contract for
153157/2020 KLOSED PROPERTIES, INC. vs. MANNA HOUSE WORKSHOPS, INC. Page 3 of 5 Motion No. 004
3 of 5 [* 3] FILED: NEW YORK COUNTY CLERK 03/05/2026 11:59 AM INDEX NO. 153157/2020 NYSCEF DOC. NO. 161 RECEIVED NYSCEF: 03/05/2026
sale of the Property with A & A (NYSCEF Doc No. 145, at 1). Plaintiffs have thus established a
prima facie case that Manna anticipatorily repudiated the Contract when Manna subsequently
contracted with A & A for the sale of the same Property.
Accordingly, the Court grants Plaintiffs’ motion for summary judgment as to their first
cause of action.
The Court Grants Plaintiffs’ Motion as to Their Sixth Cause of Action for Return of the Downpayment
Plaintiff moves for summary judgment as to their sixth cause of action for “Return of
Deposit” against Manna House (NYSCEF Doc No. 155). While “return of deposit” is not a cause
of action recognized in the State of New York, Plaintiffs appear to request this as a measure of
alternative damages to the specific performance of the sale of the Property as Manna has since
allowed the Property to accrue an unpaid balance of over $1.6 million in taxes and other fees
(NYSCEF Doc No. 153).
In support of their determination of damages, Plaintiffs cite the Contract which stipulated
that they would pay Manna a $135,000.00 downpayment and also an email from Plaintiffs’
attorney to the Court stating that the $135,000.00 was being held in escrow by Manna’s attorney
(see NYSCEF Doc No. 149).
Summary judgment is granted on this claim.
The Court Denies Plaintiffs’ Motion as to Their Seventh Cause of Action for Breach of the Implied Covenant of Good Faith and Fair Dealing
All contracts in the State of New York imply a covenant of good faith and fair dealing
during the course of their performance (Transit Funding Assoc., LLC v Capital One Equip. Fin.
Corp., 149 AD3d 23, 29 [1st Dept 2017]). The implied covenant requires that “neither party shall
do anything which will have the effect of destroying or injuring the right of the other party to
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receive the fruits of the contract” (Cordero v Transamerica Annuity Serv. Corp., 39 NY3d 399,
409 [2023]).
Plaintiffs argue that Manna breached the implied covenant of good faith and fair dealing
when Manna contracted with A & A to sell A & A the Property (NYSCEF Doc No. 141, at 9).
However, this argument involves a claim that is “based on the same allegations and seek[s] the
same damages” as their breach of contract claim and thus is “duplicative of the breach of
contract claim” (Tillage Commodities Fund, L.P. v SS&C Tech., Inc., 151 AD3d 607, 608 [1st
Dept 2017]). While Plaintiffs’ complaint alleges that the breach of the implied covenant of good
faith and fair dealing arose out of Manna’s failure to submit a petition for the sale of the Property
to the Attorney General (see NYSCEF Doc No. 155, at 18), Plaintiffs’ supporting papers contain
no such argument nor evidence.
Accordingly, the Court denies Plaintiffs’ motion for breach of the implied covenant as
they have not met their prima facie burden.
CONCLUSION
Accordingly, it is hereby:
ORDERED that Plaintiffs’ motion summary judgment (mot. seq. 004) is granted to the
extent above.
This constitutes the decision and order of this Court.
3/5/2026 DATE SABRINA KRAUS, J.S.C. CHECK ONE: X CASE DISPOSED NON-FINAL DISPOSITION
□ □ X GRANTED DENIED GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
□ CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
153157/2020 KLOSED PROPERTIES, INC. vs. MANNA HOUSE WORKSHOPS, INC. Page 5 of 5 Motion No. 004
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