| Moran v Erk |
| 2007 NY Slip Op 08548 [45 AD3d 1329] |
| November 9, 2007 |
| Appellate Division, Fourth Department |
| James J. Moran et al., Respondents, v Mehmet Erk et al.,Appellants. (Appeal No. 2.) |
—[*1] Phillips Lytle LLP, Buffalo (Chad W. Flansburg of counsel), forplaintiffs-respondents.
Appeal from a judgment of the Supreme Court, Erie County (Joseph R. Glownia, J.), enteredJuly 20, 2006 in a breach of contract action. The judgment, after a nonjury trial, awardedplaintiffs $234,065.75 against defendants.
It is hereby ordered that the judgment so appealed from be and the same hereby isunanimously affirmed without costs.
Memorandum: Following a bench trial, Supreme Court awarded plaintiffs damages arisingfrom defendants' breach of a contract pursuant to which defendants had agreed to purchaseplaintiffs' residential property. Contrary to defendants' contention, the evidence supports thecourt's determination that defendants acted in bad faith by instructing their attorney to disapprovethe contract, and thus "the condition that the contract be approved by [defendants'] attorney mustbe deemed waived and the contract formed" (McKenna v Case, 123 AD2d 517 [1986]).Contrary to defendants' further contention, the court properly awarded statutory interest from thedate of defendants' breach of the contract (see City Univ. of N.Y. v Finalco, Inc., 129AD2d 494, 496 [1987]). Present—Scudder, P.J., Gorski, Lunn, Peradotto and Green, JJ.