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VITALE v. COYNE RLTY.

66 A.D.2d 562 (1979)

Thomas J. Vitale, Respondent-Appellant, v. Coyne Realty, Inc., et al., Appellants-Respondents. (Appeal No. 1.) Thomas J. Vitale, Appellant-Respondent, v. Coyne Realty, Inc., et al., Defendants; Patricia Tawil, Respondent-Appellant Patricia A. Tawil, Respondent-Appellant, v. Thomas J. Vitale, Appellant-Respondent. (Appeal No. 2.) Thomas J. Vitale, Appellant, v. George H. Van Lengen, Respondent, et al., Defendants. (Appeal No. 3.)

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

February 28, 1979

Attorney(s) appearing for the Case

Crystal, Manes & Rifken, P. C. (Milton Crystal of counsel), for Patricia Tawil.

McCrone & Davis (Jeffrey McCrone of counsel), for Coyne Realty and another.

Driscoll, Mathews, Gingold & Case (Eric Alderman of counsel), for Thomas Vitale.

Coulter, Fraser, Ames, Bolton, Bird & Ventre (Bruce Bolton of counsel), for George Van Lengen, respondent.

SIMONS, J. P., HANCOCK, JR., SCHNEPP and WITMER, JJ., concur in Per Curiam opinion; CALLAHAN, J., dissents in part in an opinion.

Per Curiam.

The members of the court are in general agreement with the disposition of the various issues on this appeal as set forth in the opinion of Justice CALLAHAN. A majority of the court, however, believe that the method used to measure restitution due upon rescission of the sale of the restaurant business was improper. Indeed, were it not for the fact that the property has already changed hands and both the...

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