Gong v Eng

Gong v Eng 2011 NY Slip Op 08301 Decided on November 17, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 17, 2011
Mazzarelli, J.P., Sweeny, Moskowitz, Acosta, Abdus-Salaam, JJ.
601889/09 6091

[*1]6090-Sherry Gong, et al., Plaintiffs-Appellants-Respondents,

v

Genghmun Eng, etc., Defendant-Respondent-Appellant, Toy-Fung Tung, etc., Defendant. Hofheimer Gartlir & Gross, LLP, etc., Defendant-Respondent.




Randall T. Sims, New York, for appellants-respondents.
Hofheimer Gartlir & Gross, LLP, New York (David L. Birch
of counsel), for respondent-appellant/respondent.

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered December 29, 2010, which denied plaintiffs' and defendants' motions for summary judgment, unanimously affirmed, with costs.

Plaintiffs 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.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 17, 2011

CLERK