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R.A.J.N. CORP. v. MIZRACHI

190 A.D.2d 641 (1993)

R.A.J.N. Corp., Respondent, v. Nissim Mizrachi, Defendant, and Lebenkoff & Coven, Appellant

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

February 25, 1993

Appellant's proof fails to eliminate material issues of fact, including its knowledge of the alleged relationship between defendant buyer and the contract vendor, and whether it was advised by plaintiff that the contract for sale of the property would have to be rescinded because of misrepresentations made during the negotiations. If appellant was so advised, it would have been on notice that the closing would not occur and that...

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