BERGNER v. KICK


85 A.D.2d 911 (1981)

H. Russell Bergner et al., Respondents, v. Fred Kick et al., Appellants

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

December 23, 1981


Judgment reversed, on the law and facts, with costs, and complaint dismissed.

Memorandum:

Defendant Kick has contracted to sell approximately 10 acres of his land to defendant Conifer for development and construction of an apartment house project. Plaintiffs, owners of 16 residential lots formerly a part of Kick's land, sought to enjoin the proposed construction and Trial Term has done so. It has held, based upon oral representations Kick allegedly made to...

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