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WARNER v. KAPLAN

1470.

71 A.D.3d 1 (2009)

892 N.Y.S.2d 311

TRACY ALTMAN WARNER et al., Appellants, v. KENNETH F. KAPLAN et al., Respondents, et al., Defendant.

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

Decided December 10, 2009.

Attorney(s) appearing for the Case

Richard A. Kraslow, P.C., Melville ( Richard A. Kraslow of counsel), for appellants.

Victor & Bernstein, P.C., New York City ( Donald M. Bernstein of counsel), for respondents.

GONZALEZ, P.J., McGUIRE, ACOSTA and ROMAN, JJ., concur.

OPINION OF THE COURT

SAXE, J.

This appeal concerns which party is entitled to the contract deposit placed in escrow pursuant to a contract of sale for a co-op apartment, when the purchaser dies after the sale is approved by the co-op's board of directors but before closing.

On May 11, 2005, defendants Kenneth F. Kaplan and Diane K. Kaplan, as sellers, and Glen Altman, as purchaser, entered into a contract for the sale of cooperative apartment 2A...

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