AIELLO v. B.E.P.R.A., INC.


39 A.D.2d 541 (1972)

Vincent J. Aiello et al., Appellants, v. B.E.P.R.A., Inc., et al., Respondents

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

April 3, 1972


Order and judgment reversed, on the law, with $20 costs and disbursements, and motion denied.

In our opinion, there are triable issues of fact presented which preclude the granting of summary judgment (CPLR 3212, subd. [b]; Haeger v. Slote, 22 A.D.2d 826). The "Sales Memorandum" executed between the seller and the proposed buyer provided, inter alia: "This sale is subject to a satisfactory contract and inspection of...

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