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313 43RD ST. REALTY, LLC v. TMS ENTERS., LP

2020-04985. Index No. 512785/15.

215 A.D.3d 901 (2023)

188 N.Y.S.3d 560

2023 NY Slip Op 02094

313 43rd Street Realty, LLC, Respondent-Appellant, v. TMS Enterprises, LP, et al., Appellants-Respondents, et al., Defendant.

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

Decided April 26, 2023.

Attorney(s) appearing for the Case

Steven G. Legum, Mineola, NY, for appellants-respondents.

Heller, Horowitz & Feit, P.C., New York, NY (Eli Feit and Stuart A. Blander of counsel), for respondent-appellant.

Duffy, J.P., Connolly, Zayas and Wan, JJ., concur.

In an action to recover two down payments made pursuant to two contracts for the sale of real property, the defendants TMS Enterprises, LP, and 313 43rd Street Realty Associates, Ltd., appeal, and the plaintiff cross-appeals, from an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated October 31, 2019. The order, insofar as appealed from, denied the motion of the defendants TMS Enterprises, LP, and 313 43rd Street Realty Associates, Ltd., for summary judgment...

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