TRAMONTANO v. CATALANO


23 A.D.2d 894 (1965)

Fred A. Tramontano et al., Respondents, v. Erico J. Catalano et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 24, 1965


Order reversed, without costs; plaintiffs' cross motion for summary judgment is denied; defendants' motion for summary judgment is granted; judgment is directed dismissing the complaint and in favor of defendants upon their counterclaim, without costs; and the action is remitted to the court below for the entry of an appropriate judgment accordingly.

In our opinion, the parties' agreement that neither set of owners would sell their one-half interest without first...

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