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MATTER OF AKIVIS v. BRECHER

128 Misc.2d 965 (1985)

In the Matter of Stanley Akivis et al., Petitioners, v. David Brecher et al., Respondents.

Supreme Court, Special Term, Kings County.

January 23, 1985

Attorney(s) appearing for the Case

Murray Rudman for petitioners. Bernard Flaton for respondents.

HERBERT KRAMER, J.

An action was started against the sellers of real property for damages arising out of the sale in New York County, which was dismissed for failure to prosecute. A second action was then brought in New York County for similar relief which is still pending. Subsequently, the instant CPLR article 78 proceeding was instituted against the escrowees seeking an accounting and damages for failure of possession in broom-clean condition. In its...

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