KARL v. KESSLER


47 A.D.3d 681 (2008)

850 N.Y.S.2d 164

BRIAN K. KARL, Appellant, v. LEONARD KESSLER et al., Respondents.

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

Decided January 15, 2008.


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

The defendants Leonard Kessler and Maureen Kessler contracted to sell a parcel of real estate to the plaintiff. Prior to closing, a notice of pendency was filed against the property in connection with a specific performance action brought by prospective vendees on a previous contract which had failed due to the vendees' inability to obtain financing. The plaintiff refused to waive the defect...

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