Rubell v. Finkelstein

Will Murphy

Practice Area:Lawsuits / Disputes

Outcome:Appeal successful.

Description:Our client purchased a modern office building. We then discovered that, in violation of the contract, the seller had written a new lease for part of the building, without our client's consent. The lease was very unfavorable for the owner. Our client negotiated a termination of the lease, and then sought recovery of the damages from the seller. The seller's defense was that the representations of the contract were no longer enforceable due to "merger by deed." The trial court ruled against our client. However, we took an appeal and the Third District Court of Appeal ruled that our client's claims were NOT barred by the doctrine of merger by deed, and reversed the trial court. I was the primary attorney for the Plaintiff/Appellant on the appeal.