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WARNER v. KAPLAN

22 Misc.3d 518 (2008)

867 N.Y.S.2d 660

TRACY ALTMAN WARNER et al., as Coexecutors of GLEN ALTMAN, Deceased, Plaintiffs, v. KENNETH F. KAPLAN et al., Defendants.

Supreme Court, New York County.

October 28, 2008.

Attorney(s) appearing for the Case

Richard A. Kraslow, Melville, for plaintiffs.

Victor & Bernstein, P.C., New York City (Donald M. Bernstein of counsel), for Kenneth F. Kaplan and another, defendants.

Michael A. Rosenberg, New York City, for Rosenbluth & Rosenbluth, defendants.

OPINION OF THE COURT

BARBARA R. KAPNICK, J.

In this action, plaintiffs seek the return of a $230,000 contract deposit placed in connection with the sale of a cooperative apartment.

On May 11, 2005, Glen Altman (Mrs. Altman) executed a contract to purchase a cooperative apartment in a building located at 1150 Park Avenue in Manhattan for the sum of $2,300,000 from defendants Kenneth F. Kaplan and...

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