RANDALL BENDERSON 1993-1 TRUST v. WEST-HERR FORD, INC.


275 A.D.2d 907 (2000)

715 N.Y.S.2d 172

RANDALL BENDERSON 1993-1 TRUST et al., Appellants, v. WEST-HERR FORD, INC., et al., Respondents.

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

Decided September 29, 2000.


Order unanimously affirmed with costs.

Memorandum:

Plaintiffs commenced this action seeking specific performance and/or damages for breach of a contract for their sale of commercial property to defendants. Defendants deny any breach, allege in their fourth and fifth affirmative defenses that plaintiffs breached the contract by failing to perform their asbestos-removal obligations thereunder, and by their first and second counterclaims seek to recover their...

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