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DIBARTOLO v. BATTERY PLACE ASSOCIATES

4995, 603576/06.

84 A.D.3d 474 (2011)

922 N.Y.S.2d 357

CYNTHIA DIBARTOLO et al., Respondents-Appellants, v. BATTERY PLACE ASSOCIATES, Now Doing Business as BATTERY PLACE ASSOCIATES LLC, et al., Appellants-Respondents.

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

Decided May 5, 2011.

Plaintiffs Cynthia DiBartolo and John E. Purpura entered into a contract for the purchase of a condominium unit from defendant Battery Place Associates, now doing business as Battery Place Associates LLC (BPA). In connection therewith, plaintiffs made a down payment, which was held in an escrow account under defendant Robert R. Lewis's control. The closing on the unit was originally noticed by BPA for July 22, 1991 and thereafter adjourned on multiple occasions. In a prior...

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