RODRIGUEZ PASTOR v. DeGAETANO

652396/13, 14030

128 A.D.3d 218 (2015)

8 N.Y.S.3d 79

2015 NY Slip Op 03307

CARLOS RODRIGUEZ PASTOR, Appellant, v. PETER DeGAETANO, Individually, as Escrow Agent, and as Executor of MONIQUE UZIELLI, Deceased, et al., Respondents, et al., Defendants.

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

Decided April 21, 2015.


Attorney(s) appearing for the Case

David Bolton P.C., Garden City ( David Bolton of counsel), for appellant.

Stern Tannenbaum & Bell LLP, New York City ( David S. Tannenbaum,   Rosemary Halligan and Jonathan Kotler of counsel), for respondents.

TOM, J.P., SAXE, MOSKOWITZ and FEINMAN, JJ., concur.


OPINION OF THE COURT

The primary question raised by this appeal is whether a buyer can be forced to conclude a purchase of real property where the seller has not definitively resolved a third-party cooperative's challenge to the buyer's right of exclusive use over a portion of the property. We find that, because questions of...

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