MacKENZIE v. MacKENZIE


13 A.D.3d 1010 (2004)

787 N.Y.S.2d 457

SCOTT MacKENZIE, Appellant, v. DONALD MacKENZIE et al., Respondents.

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

December 30, 2004.


Rose, J.

In this action for specific performance, defendant Donald MacKenzie (hereinafter defendant) testified at trial that he had expressed his willingness to sell a cottage to his sons and set $80,000 as the purchase price. It was undisputed that plaintiff, one of defendant's sons, thereafter tendered a down payment of $18,045.71, made certain repairs to facilitate rental of the cottage, rented it to third parties and retained the resulting income. Defendant later...

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