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STAWSKI v. EPSTEIN

67 A.D.2d 681 (1979)

Paul Stawski et al., Appellants, v. Joseph Epstein, Respondent

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

January 15, 1979

Judgment reversed, on the law and the facts, without costs or disbursements, judgment granted in favor of plaintiffs, and action remitted to Trial Term for entry of an appropriate judgment in accordance herewith.

Defendant contracted to sell his house to plaintiffs. Before the closing date arrived, defendant changed his mind and so informed plaintiffs. The present action was then instituted. Actual tender of performance by...

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