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GRACE v. NAPPA

46 N.Y.2d 560 (1979)

Oliver R. Grace, Appellant, v. Michael C. Nappa, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided March 29, 1979.

Attorney(s) appearing for the Case

Irving Bizar and Aaron Lewittes for appellant.

John M. Armentano and Samuel S. Tripp for respondent.

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

Chief Judge COOKE.

In this action, plaintiff seeks to recover a $52,500 down payment on certain real property, together with the reasonable costs of a title search. Defendant counterclaims for specific performance of the real property contract. Initially, Special Term had granted summary judgment to plaintiff, but the Appellate Division found that a question of fact precluded such relief and reversed (

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