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HERBAL MGMT. CORP. v. COLE

142 A.D.2d 553 (1988)

Herbal Management Corp., Appellant, v. Alberta E. Cole, Respondent

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

July 5, 1988

Ordered that the judgment is affirmed, insofar as appealed from, without costs or disbursements.

Although under the facts of this case the plaintiff was legally entitled to an abatement of the purchase price of the realty which was partially destroyed prior to closing, in addition to specific performance (see, Lucenti v Cayuga Apts., 48 N.Y.2d 530), our review of the record...

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