ALTOMARE v. BALNIR, INC.


309 A.D.2d 683 (2003)

765 N.Y.S.2d 870

RICHARD ALTOMARE et al., Appellants, v. BALNIR, INC., et al., Respondents. (And Another Action.)

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

Decided October 28, 2003.


This is an action by the lessees of a condominium unit at One Central Park West, alleging breach of a stipulation of settlement in which the defendant owners of the apartment agreed, inter alia, that, in consideration of the lessees' cooperation in making the unit available for display to potential buyers, they would pay an "incentive sum" which increased or decreased depending on whether the apartment was sold prior to or after December 31, 2000. In the event no sale took...

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