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BANKERS TRUST v. MARTIN

51 A.D.2d 411 (1976)

Bankers Trust Company of Albany, N.A., et al., as Executors of John A. Becker, Deceased, Respondents, v. Robin B. Martin et al., Appellants. (Action No. 1.) Alison C. Martin et al., Appellants, v. Bankers Trust Company of Albany, N.A., et al., as Executors of John A. Becker, Deceased, Respondents. (Action No. 2.)

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

April 8, 1976

Attorney(s) appearing for the Case

Streifer & Barnovitz, P. C. (David M. Barnovitz of counsel), for appellants.

Cooper, Erving & Savage (James G. Brennan of counsel), for respondents.

GREENBLOTT, J. P., SWEENEY, MAHONEY and HERLIHY, JJ., concur.

REYNOLDS, J.

The plaintiff, Bankers Trust Company of Albany, N.A., as conservator of the property of John A. Becker, brought Action No. 1 to obtain specific performance of a contract for the sale of real property to appellants or in the alternative to obtain damages for breach of contract and to recover damages caused by appellants' refusal and delay in completing the sale. The appellants commenced Action No...

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