Deeb v. Drake

Cross appeals from an amended judgment of the Supreme Court (Hughes, J.), entered January 23, 1991 in Albany County, upon a decision of the court in favor of plaintiffs.

A nonjury trial limited to the issue of damages was held after plaintiffs were granted partial summary judgment on the issue of defendant’s liability in this breach of contract action arising out of defendant’s failure to complete the purchase of real property owned by plaintiffs. Using the difference between the contract price of $215,000 and the fair *948market value of the property as of the breach of contract in January 1989,…