LEGACY DEVELOPMENT v. LIBERATORE

1082 CA 09-00610.

66 A.D.3d 1406 (2009)

886 N.Y.S.2d 275

2009 NY Slip Op 6970

LEGACY DEVELOPMENT, Respondent, v. VICTOR LIBERATORE et al., Appellants.

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

Decided October 2, 2009.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.

Memorandum: Plaintiff commenced this breach of contract action seeking specific performance of the purchase and sale agreement pursuant to which defendants agreed to convey to plaintiff a parcel of real property in fee simple and free and clear from all liens or other encumbrances. As the result of a title examination...

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