In Lovelace v. Krauss , Carey Lovelace sued Eugene Krauss to get her $955,450 down-payment back.
Like most other cooperatives, the building in which Lovelace wanted to buy an apartment required Board approval not only of the purchaser, but any pets. Although the contract of sale specifically indicated Lovelace wished to have her dog occupy the unit with her, the Board conditioned the sale's approval upon the animal's "occasional" presence.
When the New York County Supreme Court ordered the return of Lovelace's deposit, Krauss appealed to the Appellate Division, First Department.
According to the AD1, the contract's unambiguous language permitted cancellation of the transaction if Lovelace couldn't get "unconditional" approval. Absent evidence the building would have "unconditionally" allowed Lovelace's pooch, the AD1 believed she had a bonafide basis to back out of the deal.
That must have ticked Krauss off.
For a copy of the Appellate Division's decision, please use this link: Lovelace v. Krauss