Appellants shall recover of respondent $50 costs and disbursements of this appeal. The seventh affirmative defense alleges the 1966 Zolmar agreement is a nullity in that it was never intended to be enforceable. The ninth affirmative defense alleges said agreement was subject to a condition precedent. Defendants may show there was, in fact, no contract, and there was no consideration. (Bernstein v. Kritzer, 253 N.Y. 410, 415-416.) The eighth affirmative defense alleges...
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