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RADD v. DRAGOS

302 A.D.2d 509 (2003)

755 N.Y.S.2d 255

TOM RADD, Respondent, v. STEPHEN B. DRAGOS et al., Appellants.

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

Decided February 18, 2003.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court's determination that the seller's return of the down payment does not preclude the buyer from seeking specific performance of the contract (see Kline v Apostolakos, 176 A.D.2d 784 [1991]).

The appellants' remaining contentions are...

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