COLE v. EPSTEIN


28 A.D.2d 975 (1967)

Harry S. Cole, Appellant-Respondent, v. Thomas Epstein et al., Respondents-Appellants, and 25 River Road Corp., Appellant-Respondent, et al., Defendants

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

October 5, 1967


Judgment unanimously modified, on the law and the facts, to provide that, in the event that the sale provided for in subdivision A does not realize the upset price of $211,591.47 together with interest at 6% per annum computed from March 1, 1966, and estimated expenses of the auctioneer, the difference between the said upset price and the amount of the highest bid received by the auctioneer shall be added to the option price payable by defendant Thomas Epstein under subdivision...

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