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GORGOGLIONE v. GILLENSON

47 A.D.3d 472 (2008)

849 N.Y.S.2d 526

DANIEL GORGOGLIONE, Appellant, v. AMY GILLENSON, Respondent, et al., Defendant.

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

Decided January 15, 2008.

Plaintiff Gorgoglione and defendant Gillenson entered into a written agreement, dated December 30, 2004, for the sale of Gillenson's cooperative apartment to Gorgoglione for a purchase price of $850,000, $85,000 of which was paid into escrow as a deposit upon execution. The agreement provided that the sale was contingent on the unconditional consent of the cooperative corporation (the co-op). The agreement also provided that Gorgoglione...

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