GROSS v. SANDOW


5 A.D.3d 901 (2004)

773 N.Y.S.2d 171

SUSAN GROSS, Also Known as SUSAN G. BERLLY, Respondent, v. IRIS SANDOW, Appellant.

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

March 11, 2004.


Lahtinen, J.

In December 2000, plaintiff contracted to purchase defendant's residence for $210,000 and, prior to the closing, a dam that created a pond on the property broke. Defendant rejected plaintiff's request for an adjustment of the purchase price and threatened to sell to another purchaser. Plaintiff thus commenced this action in April 2001 seeking specific performance and an abatement (see General Obligations Law § 5-1311). Thereafter, the parties...

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