BBG News

BBG Obtains Complete Dismissal of Condo Buyer’s Claims: Court Holds the NY “Merger Doctrine” Bars Breach of Contract and Fraud Claims

Sep 19, 2023

BBG’s transactional department represented the Seller in connection with the negotiation of the contract and the closing on the sale of a residential condominium unit in the New York Dock Building Condominium, located at 160 Imlay Street, Brooklyn, NY.  As negotiated, the contract required Seller to perform an itemized list of renovation work to the unit prior to closing. In anticipation of closing, the Purchaser conducted several walk-throughs of the unit and expressed her dissatisfaction with the renovation work. Despite those concerns, the parties closed and Purchaser accepted delivery of the deed and title to the unit.

After the closing, Purchaser sued Seller asserting claims for breach of contract, anticipatory breach of contract, fraud in the inducement, and that the Seller’s purported distribution of sales proceeds to its members violated the New York Voidable Transactions Act.

BBG prepared an answer on behalf of the Seller, carefully preserving the Seller’s defense that the Purchaser’s claims were barred by the terms of the contract. Ultimately, after engaging in Court-ordered mediation and extensive discovery and developing the record, BBG prevailed on its pre-trial motion to dismiss all of Purchaser’s claims.

This positive outcome for our client was the result of a collaboration between Lloyd Reisman (Partner, Transactional Department) and Jeff Goldman (Partner, Litigation Department) and Israel Katz (Associate, Litigation Department).

A copy of the decision can be found here.

If you wish to reach out to our legal team regarding this victory or other details of this outcome, feel free to contact us.

Sign up for our newsletter, The BBG Update

Subscribe to our mailing list

* indicates required