WARNER V KAPLAN

102920/06

2008 NY Slip Op 28444

TRACY ALTMAN WARNER and Alan G. Kraut, AS CO-EXECUTORS OF THE ESTATE OF GLEN ALTMAN, Deceased, Plaintiffs, v. KENNETH F. KAPLAN, DIANE K. KAPLAN and ROSENBLUTH & ROSENBLUTH, AS ESCROWEE, Defendants.

Supreme Court of the State of New York, New York County.

Decided October 28, 2008.


Attorney(s) appearing for the Case

Plaintiffs were represented by Richard A. Kraslow, Esq., Melville, New York.

Defendants Kenneth F. Kaplan and Diane K. Kaplan were represented by Donald M. Bernstein, Esq., Victor & Bernstein, P.C., New York, New York.

Defendants Rosenbluth & Rosenbluth were represented by Michael A. Rosenberg, Esq., New York, New York.


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 Diane K. Kaplan (the "Kaplans"). Pursuant to the Contract, Mrs. Altman deposited...

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