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LUCENTI v. CAYUGA APTS.

48 N.Y.2d 530 (1979)

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

Court of Appeals of the State of New York.

Decided December 13, 1979.

Attorney(s) appearing for the Case

George H. Van Lengen for appellant.

Connie Fern Miller and Michael J. Pichel for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

MEYER, J.

When prior to title closing a building is substantially damaged by fire may the purchaser under a real estate contract which contains no risk of loss provision obtain specific performance with an abatement of the purchase price? The answer to that question is adumbrated by our decision in Hecht v Meller (23 N.Y.2d 301), which noted (at p 304) that section 5...

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