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NOLA REALTY LLC v. DM & M HOLDING L.L.C.

33 A.D.3d 523 (2006)

823 N.Y.S.2d 137

NOLA REALTY LLC, Appellant, v. DM & M HOLDING L.L.C. et al., Respondents, et al., Defendant.

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

Decided October 26, 2006.

This is a breach of contract action in which plaintiff Nola Realty LLC, as the seller, and defendant DM & M Holding L.L.C., as the purchaser, entered into a contract of sale for the building designated as 1565 Franklin Avenue, Mineola, New York. The contract provided for a purchase price of $2,275,000, and a down payment of $150,000, which defendants remitted in the form of one bank check and three personal checks, one from each of the individual defendants, Mark A. Plumer...

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