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PARLATO v. BONA

55 A.D.2d 838 (1976)

Frank R. Parlato et al., Respondents, v. John J. Bona, Appellant

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

December 17, 1976

Judgment unanimously affirmed, with costs (Simons, J., not participating), for the reasons expressed in the opinion at Trial Term, Kane, J.

Memorandum:

We add that upon the signing of the contract the equitable interest in the property passed to defendant (Moyer v Hinman, 13 N.Y. 180, 188; People v De Goode, 203 App Div 35, 36-37, affd 236 N.Y. 613). Thereafter the risk of changed conditions fell upon him (Schmidt v C. P. Bldrs.,

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