July 29 2022: McCabe Coleman Victory Highlights Importance Of Careful Real Estate Contract Drafting

On July 29, 2022, the Honorable Judge James Gilpatric of the Ulster County Supreme Court granted a motion to dismiss filed by McCabe Coleman, dismissing breach of contract claims against our client and Starbucks Corporation.

Our client, a property management and investment company, purchased a parcel of real estate leased by Starbucks. Years later, the seller sued both the purchaser and the tenant, alleging that certain rent payments made after the sale should have been paid to the seller instead of the purchaser.

The Court found that the contract of sale between our client and the seller foreclosed this argument. Among other things, the contract transferred “all right, title and interest” to the buyer, with no carveouts for the allegedly past due rent payments.

Litigation partner Dean McGee drafted and argued the motion to dismiss, working closely with Chris Coleman, the head of MCVP's real estate and transactional practices.

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