Summary
In Savasta v Duffy (257 AD2d 435, 436 [1 Dept 1999]), the Court determined: "The court also properly canceled the notice of pendency since shares in a cooperative apartment are personal and not real property (Sansol Indus. v 345 E. 56th St. Owners, 159 Misc 2d 822 [Sup Ct, NY County 1993])."
Summary of this case from Williams v. CruzOpinion
January 12, 1999.
Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).
We agree with the IAS Court that any breach by defendant of this million-dollar contract by reason of his failure to disclose the $4,400 assessment, which could have been paid in 60 monthly installments, or $73 a month, was not material as a matter of law, and therefore did not justify plaintiffs' refusal to close ( see, Wong v. Weissman, 133 A.D.2d 821; cf., Kraitenberger v. Aloow Realty Corp., 172 A.D.2d 647, lv dismissed 78 N.Y.2d 1072; see also, 430 W. 23rd St. Tenants Corp. v. 23rd Assocs., 155 A.D.2d 237, 239). The court also properly canceled the notice of pendency since shares in a cooperative apartment are personal and not real property ( Sansol Indus. v. 345 E. 56th St. Owners, 159 Misc.2d 822). We have considered plaintiffs' remaining contentions and find them to be without merit.
Concur — Ellerin, J.P., Nardelli, Tom and Andrias, JJ.