GRADY v. BALMAIN


28 A.D.2d 702 (1967)

Robert E. Grady et al., Respondents, v. Alexander F. Balmain et al., Appellants

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

June 19, 1967


In our opinion, the motion papers presented questions of fact which can be determined only after a trial, including, but not limited to, whether the communications between the parties made the contracted date for title closing of the essence (Ballen v. Potter, 251 N.Y. 224, 229), whether under the circumstances defendants' request for an adjournment was reasonable and whether plaintiffs were required to tender performance or make a further demand upon defendants for...

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