CYMERMAN BROS. v. PAYNE HOMES


5 Misc.2d 792 (1957)

Cymerman Bros., Inc., Plaintiff, v. Payne Homes, Inc., Defendant.

Supreme Court, Special Term, Queens County.

February 5, 1957.


Attorney(s) appearing for the Case

Philip P. Zarch and Nicholas J. Lomangino for plaintiff.

John J. Boyle and John C. O'Malley for defendant.


WILLIAM B. GROAT, J.

This is an action involving a contract for the purchase and sale of an unimproved parcel of real property in which plaintiff seeks a return of its down payment and certain expenses incurred by it and defendant counterclaims for specific performance.

The facts are undisputed. By contract dated June 30, 1955, defendant agreed to sell and plaintiff to purchase "lot Nos. 22, 23, 24, 25...

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