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CACUCCIOLO v. CITY OF NY

127 Misc.2d 513 (1985)

Joseph Cacucciolo et al., Plaintiffs, v. City of New York, Defendant.

Civil Court of the City of New York, Trial Term, Kings County.

February 25, 1985

Attorney(s) appearing for the Case

Ira S. Levine for plaintiffs. Frederick A. O. Schwarz, Jr., Corporation Counsel (Robin W. Weiner of counsel), for defendant.

IRA B. HARKAVY, J.

"He who sells what isn't his'n must get it up or go to prison" (anonymous Wall Street saying).

The City of New York runs public auctions on a periodic basis to dispose of its excess real estate. The auctions are run on a caveat emptor basis. The terms of the sale include:

"7. The successful bidder will be required to accept the parcel and or any improvements thereon in its...

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