LEE ODELL REAL ESTATE, INC. v. FITZGERALD


177 A.D.2d 360 (1991)

Lee Odell Real Estate, Inc., Respondent, v. Charles Fitzgerald, Appellant

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

November 14, 1991


Defendant signed a contract, dated March 18, 1986, whereby he, as president of the property's purported record owner, 33 St. Marks Place, Inc., agreed to convey the property at 33 St. Marks Place to one Jacob Horowitz, a buyer procured by plaintiff-broker. In fact, defendant owned the property individually and outright by deed dated June 11, 1985. This deed was not recorded until October 1987, some two years after defendant purchased it.

The buyer signed the contract...

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