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KESSNER v. ESTATE OF IZSAK

170 A.D.2d 351 (1991)

Steven A. Kessner et al., Appellants, v. Estate of Dora F. Izsak, Deceased, et al., Respondents Estate of Dora F. Izsak, Deceased, et al., Respondents, v. Steven A. Kessner et al., Appellants, et al., Defendant

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

February 21, 1991

By contract dated April 28, 1989, plaintiff United Development International, Inc., agreed to purchase 125 East 62nd Street for $1.1 million. When plaintiff failed to complete the Capital Gains Tax Questionnaire or appear for closing on the adjourned date, seller declared a default and retained the downpayment pursuant to the contract of sale.

Purchaser commenced an action for damages only, but nonetheless filed a notice...

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