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PATRICK v. BODWITCH

73 A.D.2d 840 (1979)

Percy E. Patrick, Jr., et al., Doing Business as Patrick Brothers, Respondents, v. Michael E. Bodwitch, Appellant

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

December 21, 1979

Order unanimously affirmed, with costs.

Memorandum:

Defendant appeals from an order at Special Term denying his motion for judgment dismissing plaintiffs' action for specific performance and damages under a real estate purchase contract on the grounds that the contract is void and that the action is barred by the Statute of Limitations and the Statute of Frauds. On January 5, 1972 plaintiffs' attorney drafted a proposed purchase offer which contained a

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