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BACOLITSAS v. 86TH & 3RD OWNER, LLC

Docket Nos. 10-4229-cv(L), 10-5230-cv(CON).

702 F.3d 673 (2012)

Vasilis BACOLITSAS, Sofia Nikolaidou, Plaintiffs-Counter-Defendants-Appellees, v. 86TH & 3RD OWNER, LLC, Defendant-Counter-Claimant-Appellant, Michael, Levitt & Rubinstein, LLC, Escrow Agent, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 19, 2012.

Attorney(s) appearing for the Case

Jeffrey R. Metz ( Adam Leitman Bailey , John M. Desiderio , William J. Geller , Courtney J. Killelea , on the brief), Adam Leitman Bailey, P.C., New York, NY, for Plaintiffs-Counter-Defendants-Appellees.

Mark Walfish ( Adrienne B. Koch and Thomas M. Lopez , on the brief), Katsky Korins LLP, New York, NY, for Defendant-Counter-Claimant-Appellant 86th & 3rd Owner, LLC and Defendant-Appellant Michael, Levitt & Rubinstein, LLC.

Li Yu , Assistant United States Attorney ( Sarah S. Normand , Assistant United States Attorney, on the brief), for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Amicus Curiae The United States of America.1

Robert D. Kaplan , Friedman Kaplan Seiler & Adelman LLP, New York, NY, for Amicus Curiae The Real Estate Board of New York.

Before: SACK, HALL, LOHIER, Circuit Judges.

HALL, Circuit Judge:

This appeal provides us with an opportunity to clarify the requirements of the Interstate Land Sales Full Disclosure Act ("ILSA"), 15 U.S.C. §§ 1701-20, a statute that, while enacted more than forty years ago, has received little attention from the federal courts until recently. In basic terms, ILSA protects individual buyers or lessees who purchase or lease lots in large, uncompleted housing developments, including condominiums, by...

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