GUNDEL v. GRADY


184 A.D.2d 548 (1992)

Robert Gundel et al., Respondents, v. Robert Grady et al., Appellants, and Edward T. McCormack, Respondent

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

June 8, 1992


Ordered that the judgment is affirmed insofar as appealed from, with costs.

On December 14, 1989, the plaintiff buyers and the defendant sellers entered into an agreement for the purchase a certain parcel of real property. The buyers paid the sellers the sum of $15,480, as a down payment.

The contract provided that in the event that a survey or title search disclosed a condition that rendered the title unmarketable, and the sellers were unable to correct the...

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