E.T. & B.R.L. OF CENT. NEW YORK, LTD. v. TYLL


185 A.D.2d 400 (1992)

E.T. & B.R.L. of Central New York, Ltd., Respondent, v. Arthur J. Tyll, Appellant

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

July 9, 1992


Mercure, J.

The parties entered into a contract dated December 18, 1989, under the terms of which plaintiff was to construct a residence on real property then owned by it and, upon completion, convey the improved property to defendant for the total price of $589,000, plus the cost of extras and upward adjustments on allowances, if any. Defendant paid plaintiff deposits totaling $196,333, which were secured by a second mortgage on the property, executed...

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