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CHATEAU D' IF CORP. v. NYC

219 A.D.2d 205 (1996)

641 N.Y.S.2d 252

Chateau D' If Corp., Respondent, v. City of New York, Appellant

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

April 18, 1996

Attorney(s) appearing for the Case

Charles E. Dorkey, III of counsel, New York City (Edward J. Henderson on the brief; Haythe & Curley, attorneys), for respondent.

Ronald E. Sternberg of counsel (Leonard Koerner and Debra Hochman on the brief; Paul A. Crotty, Corporation Counsel of New York City, attorney), for appellant.

ELLERIN, NARDELLI and WILLIAMS, JJ., concur.

SULLIVAN, J. P.

The City of New York appeals from the grant of summary judgment directing the return to plaintiff, a contract vendee, of its $1.3 million down payment under a contract for the sale of real property. The City also seeks, pursuant to CPLR 5517 (b), review of an order denying its motion for reargument of the summary judgment motion and its request for dismissal of the complaint.

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