BERNE INVESTORS, INC. v. WECHSLER


152 A.D.2d 804 (1989)

Berne Investors, Inc., Respondent, v. Benjamin I. Wechsler, Appellant

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

July 6, 1989


Harvey, J.

Plaintiff commenced this action to specifically enforce an alleged agreement whereby plaintiff was to purchase certain real property from defendant located on Rose Valley Road in the Town of Forestburg, Sullivan County. Defendant made a motion to dismiss the original complaint. Attached to his motion papers were two apparently separate handwritten agreements. The first, labeled "Escrow Agreement" and dated December 31, 1986, which is signed...

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