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JUDNICK REALTY CORP. v. 32 W. 32ND ST. CORP.

92 A.D.2d 811 (1983)

Judnick Realty Corporation, Respondent, v. 32 West 32nd Street Corp., Appellant

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

March 22, 1983

Respondent shall recover of appellant $75 costs and disbursements of this appeal.

Silverman, J., dissents in a memorandum as follows:

I would deny the motion for summary judgment. Paragraph 22 of the form contract of sale provided: "22. In the event that the seller is unable to convey title in accordance with the terms of this contract, the sole liability of the seller will be to refund to the purchaser the amount paid on account of the purchase...

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