KIRKWALL CORP. v. SESSA


39 A.D.2d 185 (1972)

Kirkwall Corp., Respondent-Appellant, v. Leonard Sessa, Appellant-Respondent

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

June 8, 1972.


Attorney(s) appearing for the Case

Gerald D. Broder for respondent-appellant.

Harold Wm. Harrison for appellant-respondent.

STEVENS, P. J., and TILZER, J., concur with STEUER, J.; EAGER, J., dissents in an opinion in which McGIVERN, J., concurs.


STEUER, J.

In December, 1965 the plaintiff contracted to buy, and the defendant to sell, a parcel of vacant land in Nassau County. Title never closed and plaintiff brought this action. The first cause of action seeks damages for breach of the contract to sell and the second seeks the return of the deposit paid on account of the purchase price. Special Term dismissed the first cause of action on the ground that...

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