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R.C.P.S. ASSOCIATES v. KARAM DEVELOPERS

258 A.D.2d 510 (1999)

685 N.Y.S.2d 261

R.C.P.S. ASSOCIATES, Plaintiff, v. KARAM DEVELOPERS et al., Respondents, STILLMAN DEVELOPMENT CORP., Appellant, et al., Defendant. (And a Third-Party Action.)

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

Decided February 8, 1999.

Ordered that the judgment is affirmed insofar as appealed from, with costs to the respondents Karam Developers and Joseph Berardi.

The respondent Karam Developers (hereinafter Karam) entered into a contract to sell land to the appellant. After a trial, a jury found, inter alia, that although Karam had breached several contractual representations, none of the breaches constituted a substantial and material breach of the contract, and that the appellant had breached...

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