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STERNLICHT v. FERRARA

35 A.D.3d 440 (2006)

826 N.Y.S.2d 371

PHYLLIS G. STERNLICHT, Appellant, v. DANIEL R. FERRARA et al., Respondents.

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

Decided December 5, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the particular circumstances of this case, a triable issue of fact exists as to whether the plaintiff's notice on January 26, 2004, setting a closing for February 17, 2004, was reasonable (see Ben Zev v Merman, 73 N.Y.2d 781, 783 [1988]; Miller v Almquist, 241 A.D.2d 181, 185-186 [1998]). The defendants...

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