Supreme Court, Nassau County · March 9, 2026 · 89 Misc 3d 1191
KAPLAN v LEVINE
Read the official decision: 89 Misc 3d 1191
This record is held from search listings because it does not meet the site’s substance floor; the official text is linked below.
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
| Court | Supreme Court, Nassau County |
|---|---|
| Decided | March 9, 2026 |
| Citation | 89 Misc 3d 1191 |
| Area of law | Real Property |
| Week | Week ending March 14, 2026 |
| Official text | Official decision: 89 Misc 3d 1191 |
| Source feed | New York advance sheet: 26nyadv39.pdf |
| Law Watch record id | 799 |
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.
Read how Law Watch works