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SEIDEL v. 18 EAST 17TH ST. OWNERS

175 A.D.2d 770 (1991)

Esther Seidel et al., Respondents, v. 18 East 17th Street Owners et al., Appellants, et al., Defendants

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

August 29, 1991

In addition to the issues delineated in Justice Glen's well-reasoned and comprehensive analysis, we note that the transaction in question may be susceptible to interpretation as a joint venture, and that the covenant of good faith implicit in all contracts would, in any event, dictate that plaintiffs realize the full benefit of this "investment opportunity", as did Ellen Raacke, whose mortgage loan and terms were identical to those of Eta Herbst.

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