Gong v. Eng

Appellate Division of the Supreme Court of New York

Gong v. Eng

89 A.D.3d 576, 932 N.Y.2d 693

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 17, 2011

StatusPublished

This text of 89 A.D.3d 576 (Gong v. Eng) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gong v. Eng, 89 A.D.3d 576, 932 N.Y.2d 693 (N.Y. Ct. App. 2011).

Pincite

Opinion

[577]*577Plaintiffs seek return of a down payment, as well as the recovery of expenses and attorneys’ fees, with respect to a failed real estate transaction. There are triable issues of fact, including whether the fence and air conditioner support beams were minor encroachments that did not render title uninsurable and whether they were curable within a reasonable time. Concur— Mazzarelli, J.E, Sweeny, Moskowitz, Acosta and Abdus-Salaam, JJ.

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[577]*577Plaintiffs seek return of a down payment, as well as the recovery of expenses and attorneys’ fees, with respect to a failed real estate transaction. There are triable issues of fact, including whether the fence and air conditioner support beams were minor encroachments that did not render title uninsurable and whether they were curable within a reasonable time. Concur— Mazzarelli, J.E, Sweeny, Moskowitz, Acosta and Abdus-Salaam, JJ.

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Bluebook (online)

89 A.D.3d 576, 932 N.Y.2d 693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gong-v-eng-nyappdiv-2011.