Gross v. Sandow
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLahtinen, J.
Appeal from a judgment of the Supreme Court (Clemente, J.), entered January 16, 2003 in Sullivan County, upon a decision of the court in favor of plaintiff.
In December 2000, plaintiff contracted to purchase defendant’s residence for $210,000 and, prior to the closing, a dam that created a pond on the property broke. Defendant rejected plaintiffs request for an adjustment of the purchase price and threatened to sell to another purchaser. Plaintiff thus commenced this action in April 2001 seeking specific performance and an abatement (see General Obligations Law § 5-1311). Thereafter, the…
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