S.E.S. IMPS., INC. v. PAPPALARDO


79 A.D.2d 653 (1980)

S.E.S. Importers, Inc., Appellant-Respondent, v. Frank Pappalardo, Defendant and Third-Party Plaintiff-Respondent-Appellant. Benjamin C. Klores, Third-Party Defendant-Respondent

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

December 15, 1980


Judgment modified, on the law, by deleting the second and third decretal paragraphs thereof and substituting therefor a provision directing Anna Klores, as executrix of the original third-party defendant, to pay the sum of $21,500, held in escrow as plaintiff's down payment, directly to the plaintiff. As so modified, judgment affirmed insofar as appealed from, without costs or disbursements.

Inasmuch as the defendant seller...

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