(Download) "Testa v. Liberatore" by Appellate Term, Second Department New York Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Testa v. Liberatore
- Author : Appellate Term, Second Department New York Supreme Court
- Release Date : January 21, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
In this small claims action based on an alleged breach of contract for the sale of a new home, we note that the unsigned copy of the contract, which the parties conceded constituted the terms agreed upon, was admitted into evidence and considered by the court. The rider to the contract of sale provides that purchaser was to receive a credit of $500 at closing for an electrical ceiling fixture. Although plaintiff claimed that the failure to receive same at closing was an oversight, defendant testified that he performed additional work in the basement in lieu thereof. In addressing said issue, the trial court simply noted that inasmuch as the contract of sale does not survive closing, plaintiff had "little recourse." To the contrary, paragraph 18 (e) of the printed portion of the contract provides that any errors or omissions in computing apportionments or other adjustments at closing shall be corrected within a reasonable time following closing. The subparagraph further stated that its provisions shall survive closing. Assuming that plaintiff is correct in alleging that there was an oversight, plaintiff had a reasonable time following closing to request reimbursement. Inasmuch as plaintiff at trial did not indicate when, or if he requested that defendant correct the omission and since there was a gap of approximately four years between the closing and the institution of this action, plaintiff, by failing to establish that he requested the correction within a reasonable time, is precluded from any recovery pursuant to the contract.