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JORDAN v. BENJAMIN-BEECHWOOD DUNE

2017-05139. Index No. 6159/12.

178 A.D.3d 904 (2019)

112 N.Y.S.3d 537

2019 NY Slip Op 08992

Glenroy Jordan et al., Respondents, v. Benjamin-Beechwood Dune et al., Appellants.

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

Decided December 18, 2019.

Attorney(s) appearing for the Case

Rich, Intelisano & Katz, LLP, New York, NY (Robert J. Howard, Trista W. McConnell, and Daniel E. Katz of counsel), for appellants.

Rivera, J.P., Austin, Leventhal and Iannacci, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof awarding the plaintiffs attorneys' fees; as so modified, the order is affirmed, without costs or disbursements.

The plaintiffs contracted to purchase a two-family home from the defendant Benjamin Beechwood Dune, LLC (hereinafter BBD, LLC), and paid a down payment in the total sum of $72,045. The purchase agreement was amended to provide that the closing would take place on May 2, 2011...

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