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COMPANION v. TOUCHSTONE

88 N.Y.2d 1043 (1996)

674 N.E.2d 329

651 N.Y.S.2d 399

Stephen Companion, Appellant, v. W. Joseph Touchstone, Respondent.

Court of Appeals of the State of New York.

Decided October 17, 1996.

Attorney(s) appearing for the Case

Hancock & Estabrook, L. L. P., Syracuse (Janet D. Callahan of counsel), for appellant.

Green & Seifter, P. C., Syracuse (Lee Alcott of counsel), for respondent.

Concur: Chief Judge KAYE and Judges BELLACOSA, LEVINE and CIPARICK. Judge SMITH dissents in the following opinion in which Judges SIMONS and TITONE concur.

Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division (222 A.D.2d 1087).

SMITH, J. (dissenting).

The majority holds that the defendant's actions constituted a good-faith effort to perform under the real property purchase agreement as a matter of law. Because I believe that on this record good faith is an issue of fact, I dissent.

On March 31, 1993, the parties...

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