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2386 CRESTON AVE. REALTY, LLC v. M-P-M MANAGEMENT CORP.

58 A.D.3d 158 (2008)

867 N.Y.S.2d 416

2386 CRESTON AVENUE REALTY, LLC, Appellant, v. M-P-M MANAGEMENT CORP. et al., Defendants, and PIONEER PARKING, LLC, Respondent. (And Another Action.)

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

November 18, 2008.

Attorney(s) appearing for the Case

Palmeri & Gaven, New York City (John J. Palmeri of counsel), for appellant.

Pollock & Maguire, LLP, White Plains (Lee A. Pollock of counsel), for respondent.

Before: MAZZARELLI, J.P., ANDRIAS, SAXE and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

ACOSTA, J.

On or about August 16, 2004, plaintiff entered into a contract with defendant M-P-M Management whereby the latter agreed to sell to plaintiff the property at 2386 Creston Avenue in the Bronx. The closing, scheduled for November 1, 2004, did not go through because of outstanding violations. The contract called for M-P-M to clear those violations, subject to a cap, or to place money in escrow for that purpose. According to plaintiff...

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