PAPP v. GENTILE


149 A.D.2d 493 (1989)

William Papp, Appellant, v. Ugo Gentile, Respondent

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

April 10, 1989


Ordered that the judgment is affirmed, with costs.

The proof adduced by plaintiff established that the writing on which he premises this litigation (see, General Obligations Law § 5-703 [2]) was intended by the parties to be evidence only of the plaintiff's payment of a $2,000 deposit, which was subsequently returned to him, and that the parties anticipated further negotiations regarding the purchase of the property. The plaintiff thus failed to establish...

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