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ROTHVOSS v. ESTATE OF NEER

139 A.D.2d 37 (1988)

H. Rothvoss & Sons, Inc., Respondent, v. Estate of S. Hollis Neer, Deceased, et al., Appellants

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

July 7, 1988

Attorney(s) appearing for the Case

Rapport, Meyers, Griffen & Whitbeck (Jason L. Shaw of counsel), for appellants.

Robert J. Gagen for respondent.

KANE, J. P., MIKOLL, LEVINE and HARVEY, JJ., concur.

MERCURE, J.

Plaintiff seeks specific performance and money damages resulting from the alleged breach of a contract for the sale of real property by S. Hollis Neer, defendants' decedent and predecessor in title, to plaintiff. The complaint alleges the terms of the purported contract, that "[a]s evidence of plaintiff's good faith and intentions to carry out the contract" plaintiff's officer executed and delivered...

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