Kwan v HFZ Capital Group, LLC, 2024 NY Slip Op 02891 [227 AD3d 592]
May 28, 2024
Appellate Division, First Department
[*1]
Jenny Kwan et al., Appellants-Respondents,
v
HFZ Capital Group, LLC, et al., Defendants. Bryant Park Funding 100, LLC, Nonparty Respondent-Appellant.
Paykin, Krieg & Adams LLP, Purchase (Joseph N. Paykin of counsel), for appellants-respondents.
Loeb & Loeb LLP, New York (Sara J. Crisafulli of counsel), for respondent-appellant.
Amended order, Supreme Court, New York County (Lyle E. Frank, J.) entered September 7, 2023, which, to the extent appealed from as limited by the briefs, granted that part of nonparty Bryant Park Funding 100, LLC’s motion to cancel plaintiffs’ notices of pendency, unanimously affirmed, with costs.
The motion court providently cancelled the notices of pendency under CPLR 6514 (b) based on plaintiffs’ waiver of the right to place a lis pendens against the units or building under section 49 of the purchase agreements. We have previously determined that the “fundamental rules of contract construction and enforcement require that we limit the buyer to the remedies for which it provided in the sale contract” ( 101123 LLC v Solis Realty LLC , 23 AD3d 107 , 108 [1st Dept 2005]). In particular, where, as here, the purchase agreements provide that the purchaser-plaintiffs shall not file a lis pendens, the provision will “be enforced according to its terms” ( B&C Realty, Co. v 159 Emmut Props. LLC , 106 AD3d 653 , 657 [1st Dept 2013]).
We have considered plaintiffs’ remaining contentions and find them unavailing. Concur—Singh, J.P., Kennedy, Rodriguez, Pitt-Burke, Michael, JJ..