Dominick Livoti et al., Respondents,
v.
A. Roger Elston, Also Known as Alfred Edelstein, Appellant
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
June 14, 1976
June 14, 1976
Attorney(s) appearing for the Case
Ronald C. Davies for appellant.
Hahn, Gottlieb & Factor (David Farber of counsel), for respondents.
LATHAM and COHALAN, JJ., concur with SHAPIRO, J.; GULOTTA, P. J., dissents and votes to modify the judgment by deleting the alternative award of damages contained therein and remanding the action to Special Term for a new trial to fix the amount of such alternative award, with an opinion; MARTUSCELLO, J., dissents and votes to modify the judgment by deleting therefrom (1) the direction for the reconveyance of the property and (2) the alternative award of damages and remanding the action to Special Term for a new trial to fix the amount of such alternative award, with an opinion.
Appellate Division of the Supreme Court of the State of New York, Second Department.
SHAPIRO, J.
On this appeal the defendant seeks reversal of that part of a judgment of the Supreme Court, Suffolk County, entered September 17, 1975, which, in effect, determined that he was liable for maliciously inducing the breach of a contract for the sale of real property and which ordered him to convey the property in question to the plaintiffs, or, if that could not be done, awarded a money judgment to...
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