DI SCIPIO v. SULLIVAN

510072.

79 A.D.3d 1564 (2010)

914 N.Y.S.2d 738

JOHN A. DI SCIPIO, Appellant, v. ANNE Z. SULLIVAN, as Administrator of the Estate of GAIL A. SULLIVAN, Deceased, Respondent.

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

Decided December 30, 2010.


LAHTINEN, J.

Plaintiff and Gail A. Sullivan (hereinafter decedent) entered into a contract for the sale of real property, for which decedent proffered a down payment in the amount of $99,900. Decedent died shortly before the scheduled closing and the transaction was never consummated. Thereafter, this Court affirmed an order of Supreme Court, entered in June 2005, finding that defendant, as administrator of decedent's estate, had breached the contract and plaintiff...

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