LEVY v. LACEY


22 N.Y.2d 271 (1968)

Arthur C. Levy, Respondent, v. Robert Lacey et al., Appellants.

Court of Appeals of the State of New York.

Decided June 6, 1968.


Attorney(s) appearing for the Case

Leon M. Labes and Irving L. Weinberger for appellants.

Victor J. Carbonaro and Phillip F. Robinson for respondent.

Chief Judge FULD and Judges SCILEPPI, BERGAN, KEATING, BREITEL and JASEN concur.


BURKE, J.

By agreement dated July 17, 1962, the defendants contracted to sell to one James R. Frazer for $130,000 certain real property located in Hicksville, New York, owned by the defendants. The contract was conditioned upon the ability of the sellers to obtain the abandonment of a street which was indicated on a filed map of the subject premises but which was not in actual existence. Closing of title was...

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