ROBINS v. KARP


98 A.D.2d 671 (1983)

Craig Robins et al., Respondents, v. Harry Karp, Appellant, and Peter Kovacs, Respondent, et al., Defendant

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

December 20, 1983


Silverman, J., concurs in the following memorandum.

The documentary evidence is at least consistent with the view that the original purchase agreement was superseded by the later loan agreement, so that instead of an absolute contract of purchase and sale, there was a loan from plaintiffs to defendant-appellant Karp with an option, but only an option, in the defendant to deliver the stock and proprietary lease to plaintiffs in satisfaction of the loan...

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