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DA SILVA v. MUSSO

150 A.D.2d 73 (1989)

Leon Da Silva, Respondent-Appellant, v. Antonio Musso et al., Appellants-Respondents, et al., Defendants

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

September 11, 1989

Attorney(s) appearing for the Case

Pliskin, Rubano & Baum (Joseph A. Baum of counsel; David J. Lawrence on the brief), for Antonio Musso and another, appellants-respondents.

Kirschenbaum & Kirschenbaum, P. C. (Samuel Kirschenbaum, Ira Levine and John C. O'Malley of counsel), for Sun Place Realty Corp., appellant-respondent.

Albanese, Albanese & Fiore (Joseph A. Fiore, Thomas G. Sherwood and Benjamin Vinar of counsel), for respondent-appellant.

LAWRENCE, KUNZEMAN and BALLETTA, JJ., concur.

SULLIVAN, J.

On August 29, 1978, the plaintiff entered into an agreement to purchase a six-story, 84-unit apartment house located in Queens County from the defendants Musso and Partridge for $641,000. Within a month, Musso and Partridge signed another contract to sell the same property to Mansour Zandieh for a higher price. The plaintiff immediately filed a lis pendens and commenced an action for specific performance...

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