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GIBRALTAR ESTATES, INC. v. U.S. BANK N.A.

5 A.D.3d 728 (2004)

774 N.Y.S.2d 176

GIBRALTAR ESTATES, INC., Appellant, v. U.S. BANK N.A., et al., Respondents.

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

March 29, 2004.

Ordered that the order is affirmed, with costs.

The plaintiff buyer commenced this action against the defendants (hereinafter collectively the seller), inter alia, for specific performance of a purported contract for the sale of real property. On March 28, 2002, the buyer's attorney received a voice mail message from an employee of the seller stating that the "listing price" of the subject property was $175,000, "as is." The seller's employee also stated that offers...

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