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CHO v. 401-403 57TH STREET REALTY CORP.

24 A.D.3d 153 (2005)

806 N.Y.S.2d 191

JOHN H. CHO et al., Appellants, v. 401-403 57TH STREET REALTY CORP. et al., Defendants, and EUN JOO CHO et al., Respondents.

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

December 6, 2005.

Plaintiffs were bound by their open court stipulation (see CPLR 2104; Citibank v. Rathjen, 202 A.D.2d 235, 235 [1994], appeal dismissed 84 N.Y.2d 850 [1994]) to limit the trial of this action alleging breach of an option agreement to one issue, i.e., whether plaintiffs were ready, willing and able to exercise their option at the contractually appointed time. Inasmuch as plaintiffs' proof did not show they had access...

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