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GREENSPAN v. GELLER

157 Misc.2d 638 (1993)

598 N.Y.S.2d 133

Barry Greenspan et al., Plaintiffs, v. James Geller et al., Defendants.

Supreme Court, Rockland County.

April 15, 1993

Attorney(s) appearing for the Case

James S. Rowen, New York City, for Utica Mutual Insurance Company, defendant. Heller, Horowitz & Feit, P. C., New York City (David I. Lobel of counsel), movant pro se.

JOAN B. LEFKOWITZ, J.

In an action for breach of contract and return of $445,000 as a down payment on the purchase and construction of a one-family residence that was never built, the plaintiffs also made claim against defendant Utica Mutual Insurance Company (hereafter referred to as Utica) for the penal sum of a bond it issued in favor of the seller-builder. On March 6, 1992 the court denied motions for...

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