Muss Absolved, Yet Again, of Wrongdoing in $38M Staten Island Development Sale

Scott Mollen was quoted in the Commercial Observer regarding a New York state supreme court appellate panel upholding a 2014 decision for Herrick client Muss Development. The previous ruling found that Muss Development should not be held responsible for problems with a seawall at a 23-acre site in Staten Island because the buyer sued Muss before the nearly $38 million sale closed in 2006, which amounted to a breach of contract. The recent ruling allows Muss to keep the $4 million deposit it received from the prospective sale along with another $1 million in fees. “We are very appreciative that a unanimous panel of appellate division judges agreed that Muss…had done absolutely nothing wrong and is entitled to retain the contract deposit and other substantial monies that had been paid,” Mollen told the publication in a written statement.