ATLAS REALTY v. OSTROFSKY


56 Misc.2d 787 (1967)

Atlas Realty of East Meadow, Inc., Plaintiff, v. Jack Ostrofsky et al., Defendants.

Supreme Court, Special Term, Nassau County.

August 2, 1967


Attorney(s) appearing for the Case

Gold, Lazar & Cooper for defendants. Rosenthal & Curry for plaintiff.


JOSEPH LIFF, J.

Motion by the defendants and cross motion by the plaintiff for summary judgment.

The complaint pleads an action to recover the down payment ($1,500) on a contract for the sale of real property, together with legal expenses ($750) for attorneys' fees and examination of title. The answer, in addition to denials of certain allegations of the complaint, pleads a defense of anticipatory breach...

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