CAPECE, JR. v. ROBBINS


46 A.D.3d 589 (2007)

847 N.Y.S.2d 243

NICHOLAS R. CAPECE, JR., et al., Appellants, v. LYNNE ROBBINS et al., Respondents.

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

Decided December 11, 2007.


Ordered that the order is affirmed, with costs.

The plaintiffs entered into a contract (hereinafter the contract) to purchase certain real property from the defendants Lynne Robbins and Jeffrey Robbins, as trustees of the Lynne Robbins Trust (hereinafter the trust). The plaintiffs provided a down payment to be held in escrow by the trust's attorney, the defendant Martin P. Cohen. A rider provision to the contract provided, inter alia, that in the event of termite...

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