ZINSER v. MATTHEWS DEV. CORP.


280 A.D. 827 (1952)

Vernon W. Zinser et al., Appellant, v. Matthews Development Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 23, 1952.


The proof is sufficient to show prima facie that the defendant willfully refused to complete the house in a reasonable time unless it obtained more money than that to which it was entitled under its contract, and that the plaintiffs were compelled to execute a release of the original contract and to make a new contract calling for more money in order to obtain the house. The plaintiffs had given the landlord notice of their leaving, and he was demanding their rented apartment...

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