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GLASER v. SALZHAUER

255 A.D.2d 359 (1998)

679 N.Y.S.2d 682

Yizhar Glaser et al., Appellants, v. Charles Salzhauer et al., Respondents. (Action No. 1.) Charles Salzhauer et al., Plaintiffs, v. Stephen R. Lang et al., Defendants. (Action No. 2.)

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

November 9, 1998

Ordered that the order is affirmed insofar as appealed from, with costs.

The instant actions arise from the sale of a mare, Keep Her Barefoot, by the plaintiffs Yizhar Glaser and Stephen Lang (hereinafter the sellers) to the defendants Charles Salzhauer and Cynthia Salzhauer (hereinafter the buyers). Shortly after the sale, the mare aborted the foals she carried and the buyers refused to pay the stud fee. The sellers paid the fee and commenced this action to recover...

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