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SANDS v. CARBO

135 A.D.2d 702 (1987)

Mark Sands et al., Respondents, v. Natale Carbo, Appellant. (Action No. 1.) Dorothy Forman, Doing Business as Dorothy Forman Enterprises, Respondent, v. Natale Carbo, Defendant and Third-Party Plaintiff-Appellant. Mark K. Sands et al., Third-Party Defendants-Respondents. (Action No. 2.)

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

December 21, 1987

Ordered that the judgment is reversed, with costs, and the motion is denied.

The affidavits and other documents submitted in support of and in opposition to the Sands' motion clearly raise questions of fact which cannot be resolved without a trial. The issue of whether the Sands were unreasonably delaying the closing of title in order to acquire better mortgage terms, which cannot be determined on this record, should be...

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