Appellate Division of the Supreme Court of New York, 2011
Gong v. Eng
Gong v. Eng
Appellate Division of the Supreme Court of New York · Decided November 17, 2011
89 A.D.3d 576; 932 N.Y.2d 693
Gong v. Eng
Opinion of the Court
*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.