MECHTA v. SCARETTA


52 Misc.2d 696 (1967)

John Mechta, Plaintiff, v. Peter J. Scaretta et al., Defendants.

Supreme Court, Trial Term, Queens County.

January 10, 1967


Attorney(s) appearing for the Case

Frances Mechta for plaintiff. Joseph Tanenbaum for Peter J. Scaretta and others, defendants. Malvin B. Mariash for Greenpoint Savings Bank, defendant.


J. IRWIN SHAPIRO, J.

The plaintiff and his wife, she not being a party to this action, as purchasers entered into a contract with the defendants Scaretta, as sellers, for the purchase of a one-family home. Since the making of the contract the plaintiff and his wife have separated.

The action is by the plaintiff to recover the down payment of $2,000 upon the ground that the sellers have failed to comply with the terms of the contract by not delivering...

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