PRINCES POINT LLC v. John Doe(s) partners, et al., Defendants. (2013)

PRINCES POINT LLC, etc., Plaintiff–Appellant, v. AKRF ENGINEERING, P.C., et al., Defendants–Respondents, John Doe(s) partners, et al., Defendants.

Decided: October 24, 2013

ANDRIAS, J.P., FRIEDMAN, ACOSTA, DeGRASSE, FREEDMAN, JJ.

Gaines & Fishler, LLP, Staten Island (Robert M. Fishler of counsel), for appellant. Seyfarth Shaw LLP, New York (Donald Dunn Jr., of counsel), for AKRF Engineering, P.C., respondent. Herrick, Feinstein LLP, New York (Scott E. Mollen of counsel), for Allied Princes Bay Co., Allied Princes Bay Co. # 2, L.P., Muss Development L.L.C. and Joshua Muss, respondents.

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered on or about August 2, 2013, which granted defendants Allied Princes Bay Co., Allied Princes Bay Co. # 2, Muss Development L.L.C., and Joshua Muss's motion for summary judgment dismissing the complaint as against them, unanimously affirmed, with costs.

To the extent plaintiff based its claims on certain alleged misrepresentations by defendants Allied Princes Bay Co. and Allied Princes Bay Co. # 2 as to property it contracted to purchase from them, the claims are precluded by this Court's determination in a prior appeal that “plaintiff accepted all defects in the property at issue and was not relying on any assurances made by defendants as to the condition of the property” (94 AD3d 588, 589 [1st Dept 2012] ).

We have considered plaintiff's remaining contentions, including that it is entitled to specific performance of the contract with an abatement in the purchase price, and find them unavailing.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network