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SHEPARD v. SPRING HOLLOW

87 A.D.2d 126 (1982)

Martin Shepard et al., Appellants, v. Spring Hollow at Sagaponack, Respondent

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

June 1, 1982

Attorney(s) appearing for the Case

Hoffberg, Rabin & Engler (Jack Rabin of counsel), for appellants.

Stanley Hyman for respondent.

MANGANO, GIBBONS and GULOTTA, JJ., concur.

LAZER, J. P.

Writing for the majority in S.E.S. Importers v Pappalardo (53 N.Y.2d 455, 458-459), Judge JONES opens his opinion with the following declaration: "Notwithstanding that at the time of closing the seller was unable to convey good title in consequence of a defect in his own title, the buyer is entitled to specific performance where the defect has disappeared at the time of trial and the court can then...

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