CALDARA v. MONTI

2016-12103. Index No. 602498/16.

165 A.D.3d 1219 (2018)

87 N.Y.S.3d 616

2018 NY Slip Op 07283

Anthony Caldara, Appellant, v. Alice M. Monti, as Executrix of the Estate of Robert R. Monti, Deceased, et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 31, 2018.


Ordered that the order is affirmed insofar as appealed from, with costs payable to the defendants Sergio Lobato and Silvia Lobato.

On January 14, 2015, the plaintiff commenced an action against Robert Monti (hereinafter the decedent) for specific performance of a written contract which the plaintiff alleged was entered into by the parties on August 2, 2013 (hereinafter the prior action). The plaintiff alleged that, pursuant to the written contract, the decedent agreed...

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