LUCENTI v. CAYUGA APTS.


59 A.D.2d 438 (1977)

Donald J. Lucenti, Appellant, v. Cayuga Apartments, Inc., Respondent

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

December 1, 1977


Attorney(s) appearing for the Case

Michael J. Pichel (Connie Fern Miller of counsel), for appellant.

Van Lengen, Sanford & Papworth (George H. Van Lengen of counsel), for respondent.

SWEENEY, J. P., MAHONEY, MAIN and MIKOLL, JJ., concur.


LARKIN, J.

On June 21, 1975 the parties herein executed a written contract for the sale of two lots with commercial buildings thereon in the City of Ithaca. The purchase price was $108,000, including a $1,000 deposit paid upon the execution of the contract. On June 28, 1975, prior to the scheduled August 1, 1975 closing date, one of the buildings was completely destroyed by fire. This action was commenced by...

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