ARISTONE REALTY CAPITAL, LLC v. 9 E. 16TH STREET LLC

Nos. 7337, 651302/11.

94 A.D.3d 519 (2012)

941 N.Y.S.2d 840

2012 NY Slip Op 2757

ARISTONE REALTY CAPITAL, LLC, Respondent, v. 9 E. 16TH STREET LLC et al., Appellants, et al., Defendants.

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

Decided April 12, 2012.


In this action arising out of a failed real estate transaction, purchaser and seller met with their counsel and allegedly agreed upon the terms and conditions of the sale. Thereafter, the attorneys exchanged e-mail communications, culminating in seller's counsel's transmittal of an "execution version" of the contract that allegedly contained the previously agreed upon terms and provided the purchaser with wiring instructions for payment of the deposit. Unlike an earlier e...

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