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LUSKER v. TANNEN

90 A.D.2d 118 (1982)

Ronald Lusker, Appellant, v. Jack Tannen et al., Respondents

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

November 30, 1982

Attorney(s) appearing for the Case

Kevin J. Plunkett of counsel (Plunkett & Jaffe, P. C., attorneys), for appellant.

Morrell I. Berkowitz of counsel (Rudes & Lax, attorneys), for respondents.

MARKEWICH, BLOOM and KASSAL, JJ., concur.

SULLIVAN, J. P.

On June 27, 1980, plaintiff entered into a written contract with defendants Tannen and Biblo, the owners of all of the issued and outstanding shares of common stock of 63-4th Avenue Realty Corporation, for the purchase of their stock. The corporation's sole asset was the real property located at 63 4th Avenue, New York, New York.

Plaintiff paid $25,000 upon execution of the contract,

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