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Hovav v. Loew

Appellate Division of the Supreme Court of New York, First Department
Apr 22, 2008
50 A.D.3d 488 (N.Y. App. Div. 2008)

Opinion

No. 3440.

April 22, 2008.

Judgment, Supreme Court, New York County (Jane S. Solomon, J.), entered August 13, 2007, dismissing the complaint after a nonjury trial, unanimously affirmed, with costs.

Herbert Monte Levy, New York, for appellant.

Rosenfeld Kaplan, L.L.P., New York (Steven M. Kaplan of counsel), for respondent

Before: Lippman, P.J., Saxe, Gonzalez and Nardelli, JJ.


The court's finding that plaintiff purchaser Ida Hovav breached the contract of sale by failing to provide financial information required by the cooperative board was amply supported by the evidence. The purchaser redacted material information from the tax return she was required to submit, and provided no verification for her claimed assets, refusing to provide such information despite repeated warnings from defendant Loew, who was the escrow agent for defendant seller Purjes. This failure prevented submission of the purchaser's application to the cooperative board ( see Glanzer v Altman, 267 AD2d 79). Even months after the information should have been submitted, the trial evidence shows that the seller was still willing to close on the transaction. Under these circumstances, the escrow agent acted in good faith in disbursing the deposit to the seller, who also happened to be his law client.


Summaries of

Hovav v. Loew

Appellate Division of the Supreme Court of New York, First Department
Apr 22, 2008
50 A.D.3d 488 (N.Y. App. Div. 2008)
Case details for

Hovav v. Loew

Case Details

Full title:IDA HOVAV, Appellant, et al., Plaintiff, v. MICHAEL LOEW, Respondent, et…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 22, 2008

Citations

50 A.D.3d 488 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 3498
856 N.Y.S.2d 80

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