RATNER v. ELOVITZ


198 A.D.2d 184 (1993)

604 N.Y.S.2d 82

Stephen Ratner et al., as Coexecutors of Miles D. Davis, Jr., Also Known as Miles Davis, Deceased, Appellants, v. David L. Elovitz et al., Respondents

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

November 30, 1993


The late jazz musician Miles Davis instituted this action to recover a $166,000 deposit delivered in connection with a written contract of sale to purchase the shares and proprietary lease for a cooperative apartment located on Central Park West. The plaintiffs were substituted for Davis after his death. The defendants Elovitz and Turner, the owners of the cooperative shares and proprietary lease, asserted counterclaims and a cross claim for the release of the contract deposit...

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