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MELTZER v. G.B.G., INC.

176 A.D.2d 687 (1991)

Marvin H. Meltzer et al., Respondents, v. G.B.G., Inc., et al., Appellants Marvin H. Meltzer et al., Appellants, v. G.B.G., Inc., et al., Respondents

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

October 31, 1991

Plaintiffs commenced the underlying action seeking rescission and cancellation of a contract of sale between plaintiff 7 West 37th Street Realty Corp., as purchaser, and defendant G.B.G., Inc., as seller, of certain real property located on City Island, Bronx County. The complaint set forth six causes of action premised upon impossibility of performance; mutual mistake; breach of fiduciary duty by the contract escrow agent, defendant Russ & Russ; anticipatory breach of...

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