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111-38 MANAGEMENT CORP. v. BENITEZ

2014-00494

131 A.D.3d 458 (2015)

15 N.Y.S.3d 151

2015 NY Slip Op 06423

111-38 MANAGEMENT CORP., Appellant, v. DIEGO BENITEZ, Also Known as JUAN D. BENITEZ, et al., Respondent, et al., Defendant.

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

Decided August 5, 2015.

Ordered that the order is affirmed, with costs.

In 2007, the plaintiff entered into a contract to purchase the home of the defendant Diego Benitez, also known as Juan D. Benitez (hereinafter the defendant seller). The sale was never consummated, and ultimately the plaintiff commenced an action to recover damages for breach of contract and to recover the down payment (hereinafter the first action). After this Court affirmed the denial of the defendant seller's motion...

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