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FELDMAN v. FRAIMAN

28 A.D.2d 1126 (1967)

Morton T. Feldman, Appellant, v. Chaim Fraiman et al., Doing Business as Crown Realty Co., Respondents

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

November 6, 1967

No opinion.

Hopkins, J., concurs in the result, with the following memorandum:

It is time that the difference in treatment, depending on whether an action is in law or in equity, of a failure to perform on the closing date in a contract for the sale of real property (in the absence of a provision making the date of closing of the essence of the contract) be abolished (cf. Grady v. Balmain, 28 A.D.2d 702

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