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MacDONALD v. GOLDSTEIN

45 A.D.2d 984 (1974)

Gordon C. MacDonald et al., Respondents, v. David M. Goldstein et al., Appellants

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

September 26, 1974

Judgment unanimously modified in accordance with memorandum and, as modified, affirmed, with costs to respondents.

Memorandum:

The record amply supports the judgment granted plaintiffs for defendants' breach of contract to purchase plaintiffs' property. However, the court's memorandum makes no reference to the counterclaim for $2,500 which represented the deposit paid by defendants upon the execution of the purchase...

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