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WALDMAN v. LDK REALTY, INC.

63 A.D.3d 831 (2009)

880 N.Y.S.2d 697

STUART WALDMAN, Appellant, v. LDK REALTY, INC., et al., Respondents.

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

Decided June 9, 2009.

Ordered that the order entered November 18, 2008, is affirmed, with costs.

Most of the relevant facts are set forth in our decision and order on a companion appeal (see Waldman v LDK Realty, Inc., 63 A.D.3d 828 [2009] [decided herewith]). Shortly after February 19, 2008, when the Supreme Court issued the order appealed from in the companion appeal, the defendants mailed the down payment to the plaintiff, with a letter stating...

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