TUCKER v. MASHOMACK FISH & GAME PRES. CLUB, INC.


199 A.D.2d 957 (1993)

606 N.Y.S.2d 79

Charles Tucker, as Executor of The Estate of Henry H. Jackson, Deceased, Respondent, v. Mashomack Fish and Game Preserve Club, Inc., et al., Appellants, et al., Defendant. (And a Third-Party Action.)

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

December 30, 1993


Mikoll, J.

The question at issue is whether damages caused by the filing of a wrongful lis pendens can be reduced by offsetting the higher sale price realized by the seller of the land after the lis pendens was vacated than was to be realized under a prior proposed sale which was aborted by the lis pendens. Supreme Court granted plaintiff's motion in limine denying admission of the subsequent sale as a setoff but allowing its admission for the...

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