BRANDS v. URBAN


182 A.D.2d 287 (1992)

James V. Brands et al., Respondents, v. Howard Urban et al., Appellants

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

September 14, 1992


Attorney(s) appearing for the Case

Mahon, Mahon & Mahon, Smithtown (Paul L. Dashefsky of counsel), for appellants.

James V. Brands, Poughkeepsie, respondent pro se, and for Ronald Gasparro, respondent.

O'BRIEN and COPERTINO, JJ., concur with LAWRENCE, J. P.; RITTER, J., dissents in a separate opinion.


LAWRENCE, J. P.

In this action to recover the down payment advanced by the plaintiffs on the signing of a contract to purchase real property, the issue presented is whether there was a meeting of the minds between the parties concerning all material terms of the contract. We agree with the Supreme Court that there was not, and accordingly affirm the judgment appealed from.

In the summer of 1988 the plaintiffs...

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