NEISS v. FRANZE


101 Misc.2d 871 (1979)

Kenneth J. Neiss et al., Plaintiffs, v. Joseph Franze et al., Defendants.

Supreme Court, Rensselaer County.

November 30, 1979.


Attorney(s) appearing for the Case

Eugene R. Spada for defendants. Conrad H. Lang, Jr., for plaintiffs.


HAROLD J. HUGHES, J.

The defendants move for summary judgment dismissing the plaintiffs' complaint and granting judgment in their favor upon their counterclaim. Plaintiffs have requested that the court grant summary judgment against defendants.

The action is by vendors of real property for specific performance of a contract, and the counterclaim is for return of the vendees' $1,000 deposit. The contract was executed by the

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