CASELLI v. MESSINA


148 Misc.2d 671 (1990)

Pauline Caselli et al., Appellants-Respondents, v. Joseph J. Messina et al., Respondents-Appellants.

Supreme Court, Appellate Term, Second Department.

November 19, 1990


Attorney(s) appearing for the Case

Michael A. Forzano for appellants-respondents. Russ & Weyl (Kenneth J. Lauri of counsel), for respondents-appellants.

MONTELEONE, J. P., and SANTUCCI, J., concur; PIZZUTO, J., dissents in a separate memorandum.


MEMORANDUM.

Order modified with $10 costs to defendants, motion for summary judgment in favor of the defendants granted and complaint dismissed and, as so modified, order affirmed.

Plaintiffs entered into a contract to purchase the house of the defendants Messina and pursuant to the contract, a down payment was deposited with the defendant Ajello. The contract provided that it was to be sold subject to "Covenants...

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