Appellate Division of the Supreme Court of the State of New York October 24, 1972 (Kessler v. Rae)

In an action by a vendee’s assignees to recover damages for breach of a contract to sell real property, defendant appeals from a judgment of the Supreme Court, Kings County, entered June 7,1971, in favor of plaintiffs, after a nonjury trial. Judg*709ment reversed, on the law and the facts, and new trial granted, with costs to abide the event.