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ROSENBLUM v. GLOGOFF

7916, 109723/10.

96 A.D.3d 514 (2012)

946 N.Y.S.2d 167

2012 NY Slip Op 4691

LEE ROSENBLUM et al., Appellants, v. MARC J. GLOGOFF et al., Respondents.

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

June 12, 2012.

It is uncontraverted that plaintiffs failed to appear at the time-of-the-essence closing, rendering them in default (see Liba Estates v Edryn Corp., 178 A.D.2d 152 [1991]). Plaintiffs assert that their default is excused because of material misrepresentations made by defendants' agent, regarding the existence of "thru-wall" air conditioning in the co-op unit, which plaintiffs were told was supposed to be behind a cabinet door in...

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