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DUNCANWOOD PROPS., LLC v. MIDTOWN FUNDING LLC

6032 655746/16.

159 A.D.3d 536 (2018)

73 N.Y.S.3d 44

2018 NY Slip Op 01874

DUNCANWOOD PROPERTIES, LLC, Appellant, v. MIDTOWN FUNDING LLC, Respondent.

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

Decided March 20, 2018.

Plaintiff seller established prima facie entitlement to summary judgment with evidence that defendant purchaser breached the parties' real estate contract of sale when it declined to close on the property due to an alleged "title problem" — encroachments reflected in a survey for a contiguous property that defendant was also purchasing in order to construct a new building on a multiple lot site. Plaintiff submitted evidence...

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