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POLSKY v. 145 HUDSON STREET ASSOC., L.P.

761, 107108/11.

139 A.D.3d 434 (2016)

31 N.Y.S.3d 475

2016 NY Slip Op 03455

JAMES POLSKY et al., Respondents, v. 145 HUDSON STREET ASSOCIATES, L.P., et al., Appellants, et al., Defendants.

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

Decided May 3, 2016.

Issues of fact exist regarding whether defendants breached the parties' purchase agreement and the offering plan (Vega v Restani Constr. Corp., 18 N.Y.3d 499, 503 [2012]). The offering plan, which was incorporated into the purchase agreement, stated that plaintiffs' apartment would be configured as shown in attached floor plans. The attached plans contained two entrances, and did not contain...

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