856 LEXINGTON AVE. ASSOCS. v. S.P. KARALIS CO.


169 A.D.2d 576 (1991)

856 Lexington Avenue Associates, Respondent, v. S.P. Karalis Co. et al., Appellants

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

January 24, 1991


Plaintiff obtained summary judgment against defendant for defendant's breach of an agreement to purchase real property, where defendant's down payment check was dishonored for insufficient funds. Judgment was entered in plaintiff's favor on March 14, 1989. Only after plaintiff had collected approximately one half the judgment did defendants move for renewal, asserting for the first time, four years after plaintiff's initial summary judgment motion, that the down payment check...

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