361 MYRTLE REALTY, LLC v. MILLER FAMILY PARTNERSHIP


47 A.D.3d 706 (2008)

848 N.Y.S.2d 902

361 MYRTLE REALTY, LLC, Respondent, v. MILLER FAMILY PARTNERSHIP et al., Appellants, and ROSA TAVERAS, Intervenor-Respondent.

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, without costs or disbursements.

Contrary to the appellants' contention, on the facts presented, we discern no basis upon which to deprive the defendant-intervenor Rosa Taveras of her common-law optional remedy of specific performance of the contract of sale she had entered into with the appellants, with a possible abatement of the purchase price to be determined by the Supreme Court after a hearing (see...

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