KWAN v. 100 LLC (2024)

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

Jenny KWAN et al., Plaintiffs–Appellants–Respondents, v. HFZ CAPITAL GROUP, LLC, et al., Defendants. Bryant Park Funding 100, LLC, Nonparty Respondent–Appellant.

2381

Decided: May 28, 2024

Singh, J.P., Kennedy, Rodriguez, Pitt–Burke, Michael, JJ.

Paykin, Krieg & Adams LLP, Purchase (Joseph N. Paykin of counsel), for appellants-respondents. Loeb & Loeb LLP, New York (Sara J. Crisafulli of counsel), for respondent-appellant.

Amended order, Supreme Court, New York County (Lyle E. Frank, J.) entered September 7, 2023, which, to the extent appealed from as limited by the briefs, granted that part of nonparty Bryant Park Funding 100, LLC's motion to cancel plaintiffs' notices of pendency, unanimously affirmed, with costs.

The motion court providently cancelled the notices of pendency under CPLR 6514(b) based on plaintiffs' waiver of the right to place a lis pendens against the units or building under section 49 of the purchase agreements. We have previously determined that the “fundamental rules of contract construction and enforcement require that we limit the buyer to the remedies for which it provided in the sale contract” (101123 LLC v. Solis Realty LLC, 23 A.D.3d 107, 108, 801 N.Y.S.2d 31 [1st Dept. 2005]). In particular, where, as here, the purchase agreements provide that that the purchaser-plaintiffs shall not file a lis pendens, the provision will “be enforced according to its terms” (B & C Realty, Co. v. 159 Emmut Props. LLC, 106 A.D.3d 653, 657, 966 N.Y.S.2d 402 [1st Dept. 2013]).

We have considered plaintiffs' remaining contentions and find them unavailing.

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