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STERNSTEIN v. METROPOLITAN AVE. DEV., LLC

500403/10.

2011 NY Slip Op 51206(U)

32 Misc 3d 1207(A)

MICHAEL STERNSTEIN and MARIE A. MASCARI, Plaintiffs, v. METROPOLITAN AVENUE DEVELOPMENT, LLC and ALLAN MESSNER, Defendant.

Supreme Court, Kings County.

Decided July 1, 2011.

Attorney(s) appearing for the Case

Marc Wohlgemuth, Esq. , 235 N. Main Street, Suite 2, Spring Valley, NY 10977, Attorney for Plaintiffs.

Gerard Schiano-Strain, Esq. , 1350 Avenue of the Americas, New York, NY 10019, Attorney for Defendants.

CAROLYN E. DEMAREST, J.

Defendants Metropolitan Avenue Development, LLC ("MAD") and Alan Messner, MAD's managing member, move to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7).

BACKGROUND

This action arises out of an agreement between plaintiffs Michael Sternstein and Marie A. Mascari and defendant MAD, dated October 26, 2009 (the "Purchase Agreement"), for the purchase of two condominium units designated as 1B and S (the "Apartment...

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