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BARKUS v. FUSCO

150 Misc.2d 976 (1991)

Martha Barkus et al., Plaintiffs, v. Philip Fusco et al., Defendants.

Supreme Court, Nassau County.

February 7, 1991

Attorney(s) appearing for the Case

Payne, Wood & Littlejohn (Alan C. Polecek of counsel), for Philip Fusco, defendant. Kirschenbaum & Kirschenbaum for Bruce A. M. Coulter and others, defendants. Minerva & D'Agostino, P. C. (Robert F. O'Connor of counsel), for plaintiffs.

BERNARD F. McCAFFREY, J.

Defendants' application to dismiss plaintiffs' complaint pursuant to CPLR 3211 is determined as hereinafter provided.

Defendant Fusco is the owner of real property situated in Nassau County, New York, known and described on the current county tax map as section 35, block 437, lot 73. The remaining defendants (contract vendees) have contracted to purchase the aforementioned lot...

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