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BUTTA ENTERS., INC. v. NANNARIELLO

38 A.D.2d 829 (1972)

Butta Enterprises, Inc., et al., Appellants, v. Michael Nannariello, Respondent

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

February 7, 1972

Order affirmed, without costs, and without prejudice to plaintiffs' right to renew the motion upon papers in conformity with the views herein set forth.

As to the two contracts between the parties, it is our view that plaintiff vendee would be entitled to specific performance of the contract for the sale of the real property, provided (a) said plaintiff would agree to pay the full purchase price and forego any claim to abatement...

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