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CASTALDO v. DALMAZIO

129 A.D.2d 548 (1987)

Gerardo Castaldo et al., Appellants, v. Gaspare Dalmazio, Respondent

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

April 6, 1987

Ordered that the order is reversed, on the law, with costs, the plaintiffs' motion is granted, the defendant's cross motion is denied, and the contract of sale dated April 3, 1985 is declared null and void.

On April 3, 1985, the plaintiffs entered into a contract to sell certain real property to the defendant. Paragraph 7 of the rider to the contract provides, in pertinent part: "This contract is conditioned upon the purchaser...

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