Woody's Lumber Co. v. Jayram Realty Corp.

Appellate Division of the Supreme Court of New York

Woody's Lumber Co. v. Jayram Realty Corp.

46 A.D.3d 804, 847 N.Y.S.2d 643

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 18, 2007

StatusPublished

Cited by1 cases

This text of 46 A.D.3d 804 (Woody's Lumber Co. v. Jayram Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Woody's Lumber Co. v. Jayram Realty Corp., 46 A.D.3d 804, 847 N.Y.S.2d 643 (N.Y. Ct. App. 2007).

Pincite

Opinion

In an action, inter alia, for specific performance of a contract for the sale of real property, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Cozzens, J.), dated December 19, 2006, as granted those branches of the plaintiff’s motion which were to vacate a stipulation of discontinuance and a stipulation cancel-ling a lis pendens and to reinstate the action.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff established its entitlement to vacatur of a stipulation of discontinuance and a stipulation cancelling a lis pendens. The Supreme Court correctly concluded that the plaintiffs default under an escrow agreement, by delivering the duly executed and notarized note one day late, was inadvertent [805]*805and minor and the result of miscommunication between the parties. Accordingly, the defendant’s attempt to take advantage of a technical default was properly rejected by the Supreme Court (see Weitz v Murphy, 241 AD2d 547, 548-549 [1997]; Bank of N.Y. v Forlini, 220 AD2d 377, 378 [1995]; Goldstein v Goldsmith, 243 App Div 268, 272 [1935]).

The defendant’s remaining contentions are without merit. Crane, J.P., Rivera, Angiolillo and Dickerson, JJ., concur.

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In an action, inter alia, for specific performance of a contract for the sale of real property, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Cozzens, J.), dated December 19, 2006, as granted those branches of the plaintiff’s motion which were to vacate a stipulation of discontinuance and a stipulation cancel-ling a lis pendens and to reinstate the action.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff established its entitlement to vacatur of a stipulation of discontinuance and a stipulation cancelling a lis pendens. The Supreme Court correctly concluded that the plaintiffs default under an escrow agreement, by delivering the duly executed and notarized note one day late, was inadvertent [805]*805and minor and the result of miscommunication between the parties. Accordingly, the defendant’s attempt to take advantage of a technical default was properly rejected by the Supreme Court (see Weitz v Murphy, 241 AD2d 547, 548-549 [1997]; Bank of N.Y. v Forlini, 220 AD2d 377, 378 [1995]; Goldstein v Goldsmith, 243 App Div 268, 272 [1935]).

The defendant’s remaining contentions are without merit. Crane, J.P., Rivera, Angiolillo and Dickerson, JJ., concur.

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Bluebook (online)

46 A.D.3d 804, 847 N.Y.S.2d 643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodys-lumber-co-v-jayram-realty-corp-nyappdiv-2007.

Opinion

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