LOPEZ v. FERNANDITO'S ANTIQUE, LTD.


305 A.D.2d 218 (2003)

760 N.Y.S.2d 140

HERNAN LOPEZ et al., Respondents, v. FERNANDITO'S ANTIQUE, LTD., et al., Appellants.

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

Decided May 15, 2003.


Defendant Fernandito's Antique, Ltd. is the owner of two adjacent properties, each with a two-family dwelling, and entered into a contract of sale with plaintiffs in August 1997 along with a net lease for the properties. The parties agreed to a closing date of August 12, 2007 or sooner, at the option of the purchaser, provided there was no default under the net lease.

The net lease listed five encumbrances on title and allowed the plaintiffs to terminate the lease...

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