KAUFMAN v. BRENNER


63 A.D.2d 692 (1978)

Morris Kaufman, Respondent, v. Henry Brenner et al., Appellants

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

May 15, 1978


Order dated October 26, 1977 affirmed and order dated January 11, 1978 affirmed insofar as appealed from, with one bill of $50 costs and disbursements to cover both appeals.

In our view the Special Term was correct in denying defendants' motion for summary judgment. An issue of fact existed, with regard to the nature of the option, in view of the ambiguous language of the contract. Similarly, defendants' argument with respect to section 5-1105 of the General Obligations...

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