Skip to main content
Find a Lawyer

MORAN v. ERK (2007)

Supreme Court, Appellate Division, Fourth Department, New York.

James J. MORAN and Kathleen D. Moran, Plaintiffs-Respondents, v. Mehmet ERK and Susan Erk, Defendants-Appellants.  (Appeal No. 2.)

Decided: November 09, 2007

PRESENT:  SCUDDER, P.J., GORSKI, LUNN, PERADOTTO, AND GREEN, JJ.

Harter Secrest & Emery LLP, Buffalo (John G. Horn of Counsel), for Defendants-Appellants. Phillips Lytle LLP, Buffalo (Chad W. Flansburg of Counsel), for Plaintiffs-Respondents.

Following a bench trial, Supreme Court awarded plaintiffs damages arising from defendants' breach of a contract pursuant to which defendants had agreed to purchase plaintiffs' residential property.   Contrary to defendants' contention, the evidence supports the court's determination that defendants acted in bad faith by instructing their attorney to disapprove the contract, and thus “the condition that the contract be approved by [defendants'] attorney must be deemed waived and the contract formed” (McKenna v. Case, 123 A.D.2d 517, 507 N.Y.S.2d 777).   Contrary to defendants' further contention, the court properly awarded statutory interest from the date of defendants' breach of the contract (see City Univ. of N.Y. v. Finalco, Inc., 129 A.D.2d 494, 496, 514 N.Y.S.2d 244).

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM:

Was this helpful?

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law

MORAN v. ERK (2007)

Decided: November 09, 2007

Court: Supreme Court, Appellate Division, Fourth Department, New York.

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

For Legal Professionals

Get a profile on the #1 online legal directory

Harness the power of our directory with your own profile. Select the button below to sign up.

Sign Up

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About The Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard