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BUXTON v. STREANY

2009-02167

68 A.D.3d 1036 (2009)

2009 NY Slip Op 9604

892 N.Y.S.2d 165

ANDREW BUXTON et al., Respondents, v. BARBARA STREANY et al., Appellants.

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

Decided December 22, 2009.

Ordered that the order is affirmed, with costs.

In support of their motion for summary judgment on the complaint, the plaintiffs, as the purchasers of real property pursuant to a contract of sale, made a prima facie showing that their cancellation of the contract of sale was proper (see Garber v Giordano, 16 A.D.3d 454, 455 [2005]; Sciales v Foulke, 217 A.D.2d 693, 694 [1995]) by...

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