HERRMANN v. AMD REALTY, INC.


8 A.D.3d 619 (2004)

779 N.Y.S.2d 560

EDWARD I. HERRMANN et al., Respondents, v. AMD REALTY, INC., Appellant.

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

June 28, 2004.


Ordered that the order and judgment is affirmed, with costs.

The plaintiffs own an unimproved parcel of commercial property in New Rochelle (hereinafter Lot 3), which was devised to them in the will of their father, Herbert R. Herrmann (hereinafter Herbert), as residuary devisees. Herbert died on March 26, 1988. In May 2002 the plaintiffs entered into a contract to sell Lot 3 for $300,000. At that time, the plaintiffs obtained a title report indicating that Lot 3...

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