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PREMINGER v. JAMAICA ESTATES HOLDING CORP.

70 A.D.3d 482 (2010)

893 N.Y.S.2d 864

DAVID PREMINGER, Plaintiff, v. JAMAICA ESTATES HOLDING CORP., Appellant. MARK LABIB et al., Third-Party Plaintiffs-Respondents, v. JAMAICA ESTATES HOLDING CORP. et al., Third-Party Defendants-Appellants, et al., Third-Party Defendant.

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

Decided February 16, 2010.

Documentary evidence submitted by Preminger and the Labibs on their respective motions for summary judgment, including the contracts of sale, copies of negotiated down payment checks, letters from Jamaica Estates' attorney unilaterally terminating the contracts, letters from Preminger's and the Labibs' attorneys objecting to Jamaica Estates' termination notices and asserting their full rights under the contracts, prima facie established Jamaica Estates' breach of both contracts...

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