DUNHAM v. WEISSMAN


281 A.D.2d 220 (2001)

722 N.Y.S.2d 10

EDDA DUNHAM, Respondent, v. ALAN B. WEISSMAN et al., Appellants. ALAN B. WEISSMAN, Third-Party Plaintiff-Appellant, v. TOA CONSTRUCTION CO., INC., et al., Third-Party Defendants-Respondents.

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

Decided March 13, 2001.


This appeal arises out of a 1983 settlement agreement in which Weissman agreed to pay plaintiff $10,000 for her surrender of possession of her apartment in the subject building, and in the event any other tenant then residing in the building were paid an amount in excess of $10,000 in consideration of the surrender of the right to possession, to pay plaintiff the difference between that sum and $10,000.

In 1986, Weissman sold the building, along with two others, to...

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