LANDAU v. PERCACCIOLO


66 A.D.2d 80 (1978)

Emil Landau et al., Respondents-Appellants, v. Joseph Percacciolo et al., Appellants-Respondents

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

December 29, 1978


Attorney(s) appearing for the Case

Hofheimer Gartlir Gottlieb & Gross (Bernard Gartlir, Donald M. Weisberg and David L. Birch of counsel), for respondents-appellants.

Keegan, Keegan, Hecker & Tully, P. C. (Andrew W. Tully, Jr., of counsel), for appellants-respondents.

MARTUSCELLO and LATHAM, JJ., concur; COHALAN, J., dissents and votes to affirm the judgment on the opinion of Mr. Justice WALSH at Trial Term.


HOPKINS, J. P.

The defendants are the County of Putnam and the members of the Board of Supervisors of the county. In March, 1975 the defendants entered into a contract to purchase some 50 acres of land from the plaintiffs at a price of $14,000 per acre ($700,000) for use in the disposition of solid waste. The contract did not close, and the plaintiffs brought this action for specific performance of the contract...

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