SMF REALTY CO. v. CONSOLINI

No. 95 Civ. 1927 (LAK).

903 F.Supp. 656 (1995)

SMF REALTY CO., Plaintiff, v. John V. CONSOLINI and Michael J. Gans, Defendants.

United States District Court, S.D. New York.

November 16, 1995.


Attorney(s) appearing for the Case

Stuart J. Glick, James P. Flynn, Hannoch Weisman, for Plaintiff.

Andrew J. Goodman, Anthony J. Marsico, Rosner Bresler Goodman & Bucholz, for Defendant Michael J. Gans.


MEMORANDUM OPINION

KAPLAN, District Judge.

This dispute concerning a contract to purchase real property is before the Court on cross-motions for summary judgment. Each side contends that it is entitled to judgment as a matter of law. Each, however, contends that if its theory does not prevail, the other is not entitled to summary judgment.

Facts

This case is attributable in some measure to confusion engendered by the Pennsylvania...

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