TONKERY v. MARTINA


167 A.D.2d 860 (1990)

Joseph R. Tonkery, Respondent, v. Vincent J. Martina, Appellant. (Appeal No. 1.)

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

November 16, 1990


Judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum:

The parties entered into an agreement under which plaintiff was granted an option for a three-year period to purchase a parcel of land owned by defendant at a price "equal to that offered by any bona fide third party purchaser" or a price to be determined by an appraisal method. At a bench trial of this action by plaintiff for specific performance...

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