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JENACK INC. v. RABIZADEH

2010-08747.

99 A.D.3d 270 (2012)

952 N.Y.S.2d 197

2012 NY Slip Op 6211

WILLIAM J. JENACK ESTATE APPRAISERS AND AUCTIONEERS, INC., Respondent, v. ALBERT RABIZADEH, Appellant.

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

September 19, 2012.

Attorney(s) appearing for the Case

Daniel R. Wotman & Associates, PLLC, Great Neck, for appellant.

Ostrer & Hoovler, P.C., Chester ( Cynthia Dolan and Benjamin Ostrer of counsel), for respondent.

LEVENTHAL, BELEN and ROMAN, JJ., concur.

OPINION OF THE COURT

SKELOS, J.P.

In this action, inter alia, to recover damages for breach of contract, the plaintiff, a professional auction house, alleged that the defendant, by absentee bid, entered into a contract to purchase an antique offered at a public auction, and thereafter refused to make payment for the subject antique. The question presented on this appeal is whether notations regarding the alleged

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