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J & R LANDSCAPING, INCORPORATED v. DAMIANOS

1 A.D.3d 563 (2003)

769 N.Y.S.2d 52

J & R LANDSCAPING, INCORPORATED, Appellant, v. HERODOTUS DAMIANOS, Respondent.

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

November 24, 2003.

Ordered that the order is reversed, on the law, with costs, the motion is denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Suffolk County, for a determination of the cross motion on the merits.

On March 10, 1998, the defendant entered into a written contract with the plaintiff in which he agreed to sell a parcel of property located in the Town of Southampton to the plaintiff for $250,000...

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