ZILINSKI v. GRAZIANO


25 A.D.3d 603 (2006)

807 N.Y.S.2d 412

FRANCIS M. ZILINSKI et al., Appellants, v. MICHAEL GRAZIANO et al., Respondents.

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

January 17, 2006.


Ordered that the judgment is reversed, on the law, with costs, so much of the order as awarded summary judgment to the defendants and directed the return of the contract deposit to the plaintiffs and a trial before a judicial hearing officer on the issue of plaintiffs' title and survey expenses is vacated, the complaint is reinstated, and the matter is remitted to the Supreme Court, Richmond County, for further proceedings consistent herewith.

On August 20, 2002,...

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