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MORAN v. ERK

11 N.Y.3d 452 (2008)

JAMES J. MORAN et al., Respondents, v. MEHMET ERK et al., Appellants.

Court of Appeals of the State of New York.

November 25, 2008.

Attorney(s) appearing for the Case

Harter Secrest & Emery LLP, Buffalo (John G. Horn of counsel), for appellants.

Scott D. Cannon, Geneseo, for respondents.

Couch White, LLP, General Counsel, New York State Association of Realtors, Inc., Albany (Michael T. Wallender of counsel), for New York State Association of Realtors, Inc., amicus curiae.

OPINION OF THE COURT

READ, J.

On December 13, 1995, defendants Mehmet and Susan Erk signed a real estate contract to purchase the home of plaintiffs James J. and Kathleen D. Moran, a 5,000-square-foot ranchstyle house located in Clarence, New York. The contract, which was executed by the Morans on December 22, 1995, provided for a purchase price of $505,000, and contained a rider with an "ATTORNEY APPROVAL CONTINGENCY" stating as follows:

"This...

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