McCABE v. WITTEVEEN


34 A.D.3d 652 (2006)

825 N.Y.S.2d 499

JAMES McCABE, Appellant, v. RAOUL WITTEVEEN, Respondent.

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

Decided November 21, 2006.


Ordered that the order is reversed, on the law, with costs, the motion, in effect, for summary judgment is granted, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment, among other things, declaring that the contract is in full force and effect and directing the defendant to specifically perform the contract.

The plaintiff, as purchaser, and the defendant, as seller, entered into...

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