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FEHRENBACHER v. BERL

240 A.D.2d 466 (1997)

658 N.Y.S.2d 129

Gregory R. Fehrenbacher, Appellant, v. Howard Berl, Respondent

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

June 9, 1997

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The defendant and his wife were the owners of a house. In November 1988 the defendant placed the house on the market for sale and moved to California, leaving a set of keys to the house with a real estate agent. In August 1989 the defendant and his wife contracted to sell the house. A few days later, the plaintiff...

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