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FRANCESCONI v. NUTTER

125 A.D.2d 363 (1986)

Thomas Francesconi et al., Appellants, v. Thomas Nutter et al., Respondents, and Robert K. Donnelly et al., Intervenors-Respondents

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

December 8, 1986

Ordered that the appeal from the order dated April 18, 1985, is dismissed, as that order was superseded by the order granting renewal and reargument; and it is further,

Ordered that the order dated July 10, 1985, is affirmed insofar as reviewed; and it is further,

Ordered that the intervenors-respondents are awarded one bill of costs payable by the plaintiffs.

The plaintiffs' tender of a deposit and the procuring of a mortgage commitment and a title...

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