From Casetext: Smarter Legal Research

Lane v. Seltzer

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 2003
303 A.D.2d 378 (N.Y. App. Div. 2003)

Opinion

2002-06398

Argued February 6, 2003.

March 3, 2003.

In an action for the return of a down payment on a real estate contract, the defendants appeal from an order of the Supreme Court, Suffolk County (Molia, J.), entered May 24, 2002, which granted the plaintiff's motion for summary judgment and directed the return of the plaintiff's down payment.

Regina Seltzer, Bellport, N.Y. (Eric Seltzer of counsel), for appellants.

James McManmon, Riverhead, N.Y., for respondent.

Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, HOWARD MILLER, THOMAS A. ADAMS, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

When a contract's language is unambiguous, a court will enforce its plain meaning rather than rewrite the agreement (see Laba v. Carey, 29 N.Y.2d 302, 308). Contrary to the defendants' contentions, the Supreme Court properly granted the plaintiff's motion for summary judgment. The defendants' failure to provide documentation to remove a cloud on title arising from a neighbor's encroachment constituted a breach of contract entitling the plaintiff to the return of her down payment (see Goldsmith v. Layton, 300 A.D.2d 353 [2d Dept, Dec. 9, 2002]; W.W.W. Assocs. v. Giancontieri, 77 N.Y.2d 157).

SANTUCCI, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.


Summaries of

Lane v. Seltzer

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 2003
303 A.D.2d 378 (N.Y. App. Div. 2003)
Case details for

Lane v. Seltzer

Case Details

Full title:MARIANNE LANE, respondent, v. STANLEY SELTZER, ET AL., appellants

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

Date published: Mar 3, 2003

Citations

303 A.D.2d 378 (N.Y. App. Div. 2003)
755 N.Y.S.2d 663

Citing Cases

Sanchez v. Dan 43 Ave., LLC

The fundamental precept of contract interpretation is that a written agreement is to be construed in…

Reddy v. Scubla

Significantly, the plaintiffs obtained title insurance prior to closing. To the extent that the fence, deck…