MICCICHE v. HOMES BY TIMBERS, INC.


18 A.D.3d 833 (2005)

796 N.Y.S.2d 628

WARNER J. MICCICHE, Appellant, v. HOMES BY TIMBERS, INC., Respondent, et al., Defendant.

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

May 31, 2005.


Ordered that the order is affirmed, with costs.

The salient facts underlying the parties' contractual arrangements are recited in the decision and order of this Court dated November 3, 2003, resolving their prior appeal (see Micciche v Homes by Timbers, 1 A.D.3d 326 [2003]), wherein this Court determined, inter alia, that the plaintiff was not entitled to rescind the $370,000 contract, but was in breach thereof. Accordingly...

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