HEUNG YOO v. KWANG KIM


289 A.D.2d 451 (2001)

735 N.Y.S.2d 572

JAE HEUNG YOO, Appellant, v. SE KWANG KIM, Respondent.

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

Decided December 24, 2001.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the counterclaim alleging fraud is dismissed.

On February 22, 1996, the parties entered into a contract whereby the defendant agreed to purchase a bakery from the plaintiff for $135,000, of which $75,000 was payable in cash. The remaining $60,000 was payable under the terms of a promissory note. The defendant failed to make any payments under the promissory note and the plaintiff...

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