Magnani v. Cuggino

OPINION OF THE COURT

Memorandum.

Ordered that the judgment, insofar as appealed from, is reversed, without costs, and the matter is remitted to the District Court for the entry of a judgment in favor of plaintiff in the principal sum of $8,000.

Plaintiff commenced this action to recover the principal sum of $8,000 for breach of a contract of sale of real property, and defendant interposed a counterclaim. Plaintiff, a tenant in common in the real property located at 17 Pidgeon Hill Road, Huntington Station, New York, had agreed to sell his interest therein to defendant, the other tenant in…