MacDONALD v. GOLDSTEIN


37 N.Y.2d 867 (1975)

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

Court of Appeals of the State of New York.

Decided October 21, 1975.


Attorney(s) appearing for the Case

Donald J. Holzman for appellants.

Herbert J. Lustig and Thomas F. Segalla for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

In this action for specific performance, or alternatively for damages for the loss sustained, upon defendants' breach of contract to purchase plaintiffs' real property, and in which defendants interposed a counterclaim for the return of the $2,500 paid by them upon execution of the purchase offer, a judgment was entered in Supreme Court, Erie County, in favor of plaintiffs and against defendants for $8,500, with...

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