Real Estate Sales: Matter of Mattar v. Heckl

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Appellate Division, Fourth Department

Real Estate Sales

Merger — Deeds

Matter of Mattar v. Heckl
1061
Appealed from Supreme Court, Erie County

Background: The appeal is from an order that granted the petition and approved the sale of certain real property. Respondents, the children of Aida C., an incapacitated person, appeal from an order that granted the petition of the guardian of the IP’s property seeking to sell property pursuant to Mental Hygiene Law §81.21(b). The respondents contend the supreme court erred in failing to set forth its reasons for granting the petition as required by §81.21(e) and seek to have the contract of sale rescinded. The sale of the property in question to a third party closed more than one year before the respondents perfected their appeal.

Ruling: Under the doctrine of merger, provisions in a contract for the sale of real estate merge into the deed and are thereby extinguished absent the parties’ demonstrated intent that a provision shall survive transfer of title. The contract provisions  therefore the contract may not be rescinded. The appeal is dismissed.

Brendan Little of Lippes Mathias Wexler Friedman LLP for the appellants; Jonathan Schapp of Mattar, D’Agostino & Gottlieb LLP for the respondent