CAR-LYNN REALTY CORP. v. ALMAR PROPS., INC.


30 A.D.2d 808 (1968)

Car-Lynn Realty Corp., Respondent, v. Almar Properties, Inc., et al., Appellants, et al., Defendants David Forman, Respondent-Appellant, v. Almar Properties, Inc., et al., Appellants-Respondents, et al., Defendants

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

July 1, 1968


Judgment affirmed insofar as appealed from, with one bill of costs to plaintiffs jointly against said appealing defendants.

We are of the opinion that since the vendor contributed to the delay, plaintiff Forman's (the contract-vendee) failure to request an adjournment of the law day did not bar his action for damages for breach of contract. Furthermore, the return of Forman's check for the down payment (which was deposited over six weeks later, after Forman learned...

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