Legal Question in Real Estate Law in New York

Re: Inherting Lawsuits?

Liens on realty are transferred from a seller to a purchaser. Therefore, a contractor that files a mechanics lien on realty before the property is deeded may foreclose on the property from the purchaser. A purchaser assumes a violation on a property that is not satisfied prior to a sale. A buyer may be responsible for a Judgment lien against real property before a sale.

However, a lawsuit that does not specifically involve real property or is a lien against real property may not be transferred to a purchaser. Using your example, a tort against an landowner is not based on the land, but on a breach of duty by the landowner - leaving the sidewalk in a dangerous condition after notice. Therefore, the purchaser would not be responsible to the injured party since the purchaser did not leave the sidewalk in a dangerous condition - he or she only purchased the property.

Mike.