Desire v Goldberg

[*1] Desire v Goldberg 2005 NY Slip Op 50251(U) Decided on March 2, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 2, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: March 2, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PESCE, P.J., PATTERSON and RIOS, JJ.
2004-138 K C

Junie Desire, Appellant,

against

Eric Goldberg, Respondent.

Appeal by plaintiff from a small claims judgment of the Civil Court, Kings County (E. Prus, J.), entered September 11, 2003, in favor of defendant dismissing the action.

Judgment unanimously affirmed without costs.

Plaintiff, a purchaser of a condominium from defendant, instituted this small claims action to recover damages for breach of a post-closing agreement. The agreement provided that any action for breach thereof be commenced within 45 days of February 28, 2003 and, in the event such action is not commenced within said time, the escrowee, is authorized to release the deposit to defendant and all parties shall be "mutually released." Inasmuch as the instant action was not commenced within the 45-
day period set forth in the agreement, the judgment in favor of defendant dismissing the action rendered substantial justice between the parties according to the rules and principles of substantive law (see CCA 1807). [*2]
Decision Date: March 02, 2005