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BUF SEMINARY v. MC CARTHY

106 Misc.2d 707 (1980)

Buffalo Seminary, Plaintiff, v. Michael L. McCarthy et al., Defendants and Third-Party Plaintiffs. Estate of Ruth L. Robb et al., Third-Party Defendants.

Supreme Court, Erie County.

December 19, 1980

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear (William H. Gardner of counsel), for plaintiff and third-party defendants. Burd & McCarthy (Timothy A. McCarthy of counsel), for defendants and third-party plaintiffs.

M. DOLORES DENMAN, J.

Plaintiff has moved for summary judgment on its action for specific performance and damages in the amount of $5,000. Defendants Michael and Kathleen McCarthy and the estate of Anna Marie McCarthy have cross-moved for summary judgment dismissing the complaint, declaring the option to purchase a portion of their land void, and clearing title to that parcel. Defendants have also interposed a counterclaim against plaintiff, in which...

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