D'AGOSTINO v. HARDING


217 A.D.2d 835 (1995)

629 N.Y.S.2d 524

James S. D'Agostino, Respondent, v. Robert M. Harding et al., Appellants

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

July 20, 1995


White, J.

On August 22, 1992, the parties entered into a real estate contract wherein plaintiff agreed to purchase from defendants a "parcel of vacant land having a lot or acreage size of approximately 34 acres (per tax map)" located on Sanger Hill Road in the Town of Madison, Madison County. Thereafter, a survey of the parcel showed that it contained 44.981 acres and that a small triangular portion of the property that included

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