CONCRA v. HOROWITZ


105 A.D.2d 1024 (1984)

James A. Concra et al., Respondents, v. Alfred Horowitz et al., Appellants

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

November 29, 1984


The origin of this appeal is an aborted residential real estate sale in which defendants expected to be the sellers and plaintiffs the buyers. Because of a dispute respecting the quality of the water-supply system at the residence, the sale was never concluded and plaintiffs brought suit to recover their $7,990 down payment and damages arising from the failure to close.

Defendants moved at Special Term for summary judgment dismissing the first, and only remaining...

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