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Supreme Court, Nassau County · March 9, 2026 · 89 Misc 3d 1191

KAPLAN v LEVINE

Read the official decision: 89 Misc 3d 1191

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Holding The court held that a seller substantially complied with Real Property Law § 294-b (5) (a) by depositing disputed commission funds three business days after deed delivery, thereby triggering the statute’s six-month limitations period. Consequently, the defendants’ counterclaims for the commission were dismissed as time-barred because they were not commenced within the required timeframe.

The court’s words

the statute’s central protective purpose, securing the disputed commission from the sale proceeds pending any litigation, was achieved

89 Misc 3d 1191, at the official text

the March 24, 2021 deposit was sufficiently close in time to the March 19, 2021 deed delivery

89 Misc 3d 1191, at the official text
CourtSupreme Court, Nassau County
DecidedMarch 9, 2026
Citation89 Misc 3d 1191
Area of lawReal Property
WeekWeek ending March 14, 2026
Official textOfficial decision: 89 Misc 3d 1191
Source feedNew York advance sheet: 26nyadv39.pdf
Law Watch record id799

Recommended citation

ESQ HQ, New York Law Watch, KAPLAN v LEVINE, 89 Misc 3d 1191 (Supreme Court, Nassau County, March 9, 2026), https://esqhq.com/decisions/89-misc-3d-1191/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published March 9, 2026. Updated March 9, 2026.