Lucenti v. Cayuga Apartments, Inc.

399 N.E.2d 918 (1979)

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Nature of the Case

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Facts

P agreed to purchase two parcels of real estate. One week after the contract was executed, one of the buildings was substantially destroyed by fire. D submitted proof of loss and got $45,000. D's attorney then returned the $1,000 deposit made by P on signing the contract. P refused the refund and indicated he wanted to close with an abatement. P sued for specific performance. The trial court found for D. The appeals court reversed. On remand from the appeals court, the trial court found the abatement to be $19,500. P again appealed, and the abatement was increased to $27,500. Both P and D appealed. P's was dismissed, and D's was heard.