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NEUHAUS v. McGOVERN

195 Misc.2d 613 (2002)

758 N.Y.S.2d 461

MARY V. NEUHAUS, Respondent, v. MARK J. McGOVERN et al., Appellants.

Supreme Court, Appellate Term, Second Department.

December 12, 2002.

Attorney(s) appearing for the Case

Joseph J. Haspel, Goshen, for appellants.

Fabricant & Lipman, Goshen (Alan S. Lipman and Neal D. Frishberg of counsel), for respondent.

FLOYD, P.J., DOYLE and COLABELLA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Final judgment unanimously reversed without costs and matter remanded for a new trial limited to the issue of whether tenants exercised their option to purchase the subject premises.

On December 7, 2000, after landlord purchased tenants' premises at a mortgage foreclosure sale, the parties entered into a three-year lease, and tenants executed a $37,000 promissory note...

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