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

61 N.Y.2d 819 (1984)

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

Court of Appeals of the State of New York.

Decided February 16, 1984.

Attorney(s) appearing for the Case

Beth J. Goldmacher for appellant.

Howard Karasik and Michael Wexelbaum for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur; Judge SIMONS taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The limitation of liability clause of the contract (par 22) became operative only if the seller was unable to convey in accordance with the terms of the contract. One of the terms of the contract, however, was that the purchaser could declare the contract null and void if by May 15, 1979 the seller was unable to make the second floor loft...

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