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KALLMAN v. PINECREST MODULAR HOMES, INC.

2009-09084.

81 A.D.3d 692 (2011)

916 N.Y.S.2d 221

MARC SCOTT KALLMAN et al., Appellants, v. PINECREST MODULAR HOMES, INC., Defendant, and JONATHAN DAVIDSON et al., Respondents.

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

Decided February 8, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs commenced this action against, among others, Pinecrest Modular Homes, Inc. (hereinafter Pinecrest), Jonathan Davidson, and Brian Draizin, inter alia, to recover damages for breach of an oral contract to provide home construction services and for the return of a down payment provided in connection with that agreement. The individual defendants moved, inter alia, for summary judgment...

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