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MANZI v. ROSSI

113 A.D.2d 875 (1985)

Louis Manzi, Appellant, v. Jeannette Rossi et al., Respondents

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

September 23, 1985

Judgment affirmed, with costs.

The plaintiff's inability and failure to perform his own contractual undertakings at the time of closing preclude a grant of specific performance in his favor (see, Huntington Min. Holdings v Cottontail Plaza, 60 N.Y.2d 997, 998). The claim for damages grounded upon the theory of economic duress must also be denied because it was plaintiff...

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