KAYA v. B & G HOLDING COMPANY, LLC


48 A.D.3d 521 (2008)

853 N.Y.S.2d 95

ENDER KAYA et al., Appellants, v. B & G HOLDING COMPANY, LLC, Respondent.

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

Decided February 13, 2008.


Ordered that the order is affirmed insofar as appealed from, with costs.

Pursuant to a contract dated August 3, 2006 the defendant agreed to sell the subject property to the plaintiffs for the sum of $2,000,000, and the plaintiffs made a down payment in the sum of $200,000. On October 1, 2006 the plaintiffs took possession of the subject property, and pursuant to a pre-closing possession agreement (hereinafter the possession...

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