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RUDIN v. DiSANZA

202 A.D.2d 202 (1994)

608 N.Y.S.2d 216

William C. Rudin et al., Respondents, v. Filip M. DiSanza, Appellant

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

March 3, 1994

Plaintiffs, purchasers of a cooperative apartment from the defendant, sought to commence this action for breach of contract and fraud by instructing a process server to complete service on the defendant no later than February 7, 1992. The provision, numbered paragraph 35, upon which the plaintiffs based their causes of action appears in a rider to the contract of sale drafted by the plaintiffs' counsel. Therein, the defendant as...

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