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PARLATO v. BRINKMAN

279 A.D. 621 (1951)

Joseph C. Parlato et al., Doing Business under the Name of Parlato Real Estate, Respondents, v. Albert L. Brinkman et al., Doing Business under the Name of Brinkman Bros., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 5, 1951.

Order reversed on the law, with $10 costs and disbursements, and motion to dismiss plaintiffs' complaint granted, with $10 costs.

Memorandum:

The terms on which the seller listed the property for sale with the plaintiffs were not accepted by the proposed purchaser. The seller was not obliged to accept any different terms or to negotiate on any new terms.

All concur, McCurn and Vaughan, JJ., in result only, in the following memorandum:

The complaint...

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