37 A.D.2d 166 (1971)

Irene Silverman, Appellant, v. Alcoa Plaza Associates, Respondent

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

July 1, 1971.

Attorney(s) appearing for the Case

John S. Dorf of counsel (Robert F. Little with him on the brief of Berg, Mezansky & Dorf; Cox, Treanor & Shaughnessy, attorneys), for appellant.

Joseph Zuckerman of counsel (Rosenman Colin Kaye Petschek Freund & Emil, attorneys), for respondent.

MARKEWICH, J. P., and NUNEZ, J., concur with MURPHY, J.; STEUER, J., dissents in an opinion in which EAGER, J., concurs.


The appellant had deposited the sum of $15,400 with the respondent on account of the purchase of shares of stock and a proprietary lease in a co-operative apartment. The total purchase price was to be $154,000. By reason of what was described as "uncertain business condition" the appellant defaulted. The facts are not in dispute. Some time later on learning that respondent had sold the shares and proprietary...

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