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Moran v. Erk

Court of Appeals of New York
901 N.E.2d 187 (2008)


Facts

On December 22, 1995, James J. Moran and Kathleen D. Moran (plaintiffs) entered into a contract with Mehmet Erk and Susan Erk (defendants) to buy the Morans’ house in New York for $505,000. The contract included an attorney-approval contingency, which allowed the Morans’ attorney or the Erks’ attorney to void the contract within three business days of receipt of a fully executed copy. The Erks decided not to proceed with the purchase, and their attorney disapproved the contract on December 28, 1995, within the three-day period. The Morans moved out of the house and finally sold the house in late 1998 for only $385,000. The Morans sued the Erks for breach of contract, claiming that the Morans were entitled to $120,000, which was the difference between the two sales prices plus costs for the period of time spent finding a new purchaser. The trial court ruled for the Morans and ordered the Erks to pay $234,065.75, plus interest. The Erks appealed, and the appellate division affirmed. The Erks appealed again.

Rule of Law

Issue

Holding and Reasoning (Read, J.)

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