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Moran v. Erk

Court of Appeals of New York

901 N.E.2d 187 (2008)

Relevant factsFree

The Morans (plaintiffs) contracted to sell their house to the Erks (defendants) for $505,000 under an agreement letting either side's attorney void the contract within three business days of receiving a fully executed copy; the Erks' attorney timely disapproved the contract within that window. The Morans, having already moved out, ultimately sold the house three years later for $120,000 less and sued the Erks for breach, and the trial court awarded them over $234,000; the appellate division affirmed, and the Erks appealed again.

IssueFree

Whether an attorney-approval contingency in a real-estate contract is subject to a bad-faith exception.

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