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SUMARNI, INC. v. LEVICON DEV. ASSOCS.

194 A.D.2d 535 (1993)

598 N.Y.S.2d 573

Sumarni, Inc., Formerly Known as McShane Moving & Storage, Inc., Respondent, v. Levicon Development Associates, L.P., Appellant, and Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano, P. C., Respondent

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

June 1, 1993

Ordered that the judgment is affirmed, with costs.

The plaintiff and the appellant entered into a written agreement for the exchange of real property pursuant to 26 USC § 1031, whereby the defendant buyer was to purchase certain other real property, to be designated by the seller, for exchange with the subject property. Pursuant to the terms of the contract, the plaintiff gave the appellant notice designating certain property as suitable for the exchange. The...

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