TOCCO v. BERG

2017-10677. Index No. 70496/14.

187 A.D.3d 1234 (2020)

2020 NY Slip Op 06165

Joseph Tocco et al., Respondents, v. Barry Berg, Appellant, et al., Defendant.

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

Decided October 28, 2020.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the cross motion which was for summary judgment limiting the damages to be recovered on the first cause of action asserted against the defendant Barry Berg to certain escrowed funds in the sum of $20,000 is granted.

On July 24, 2013, the plaintiffs entered into a contract of sale to purchase a condominium unit from the defendant Barry Berg. Prior to closing, the...

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