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MAKRIS v. BOYLAN

2018-06638, Index No. 986/18.

175 A.D.3d 1400 (2019)

109 N.Y.S.3d 134

2019 NY Slip Op 06598

Jerry Makris, Appellant, v. James Boylan et al., Respondents.

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

Decided September 18, 2019.

Attorney(s) appearing for the Case

Lowenstein Sandler LLP, New York, NY (Michael A. Kaplan of counsel), for appellant.

Dickover, Donnelly & Donovan, LLP, Goshen, NY (David A. Donovan of counsel), for respondents.

Mastro, J.P., Rivera, Miller and Christopher, JJ., concur.

Ordered that the order is affirmed, with costs.

On January 16, 2018, the plaintiff and the defendants entered into a "Purchase Agreement" for property located in Goshen (hereinafter the property). The agreement set a total price of $1,480,000 for the property, with a $74,000 down payment due "upon the signing of a formal contract of sale," and provided that the sale was not subject to a mortgage contingency. The agreement...

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