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PESCA v. BARBERA HOMES, INC.

5135-08.

35 Misc.3d 747 (2012)

942 N.Y.S.2d 313

2012 NY Slip Op 22078

CARMINE PESCA et al., Plaintiffs, v. BARBERA HOMES, INC., Defendant.

Supreme Court, Albany County.

Decided March 8, 2012.

Attorney(s) appearing for the Case

Whiteman Osterman & Hanna LLP, Albany ( Robert T. Schofield of counsel), for defendant. Capasso & Massaroni, LLP, Schenectady ( John R. Seebold of counsel), for plaintiffs.

OPINION OF THE COURT

RICHARD M. PLATKIN, J.

Defendant Barbera Homes, Inc. moves for summary judgment seeking dismissal of the claims brought by plaintiffs Carmine and Alison Pesca. Plaintiffs oppose the motion and cross-move for summary judgment.

Background

On or about February 20, 2007, plaintiffs entered into an agreement with Barbera Homes (the agreement) to purchase a newly...

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