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RUIZ v. CRESPI

46 A.D.2d 44 (1974)

Julio A. Ruiz, Appellant, v. Jack Crespi et al., Respondents

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

November 18, 1974.

Attorney(s) appearing for the Case

Jack C. Garfield for appellant.

Joseph A. Muccia for respondents.

CHRIST and BENJAMIN, JJ., concur with SHAPIRO, J.; MUNDER, J., concurs in part and dissents in part in an opinion in which MARTUSCELLO, Acting P. J., concurs.

SHAPIRO, J.

The plaintiff, as buyer, entered into a contract with the defendants for the purchase of the latter's real property. He did not take title and sued for the return of his down payment plus the net title charges. The defendants counterclaimed for specific performance. The Special Term, after a hearing at which certain proofs were presented, denied the plaintiff's motion for summary judgment and granted...

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