SJSJ SOUTHOLD REALTY, LLC v. FRASER


33 A.D.3d 784 (2006)

822 N.Y.S.2d 641

SJSJ SOUTHOLD REALTY, LLC, Respondent, v. ELIZABETH FRASER et al., Appellants.

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

Decided October 17, 2006.


Ordered that the order is reversed, on the law, with costs, and the motion is denied.

In March 2004 the plaintiff entered into a contract to purchase a parcel of real property from the defendants, Elizabeth Fraser, as executrix of the estate of Mary Adamowicz, deceased, and Michael Adamowicz, the son of the deceased. The defendants were jointly referred to in the contract as the "Seller," who held the property as "tenants in common."

After the estate failed...

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