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SCHUMAN v. CONFORTI

30 A.D.2d 968 (1968)

Herman Schuman, Appellant, v. Alfred J. Conforti, Respondent

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

October 14, 1968

Judgment reversed, on the law and the facts, with costs, and judgment granted in favor of plaintiff in the sum of $10,000 with interest from January 13, 1965.

In our view, it is apparent from this record, contrary to the finding of the trial court, that time for the fulfillment of the condition of the escrow by the vendee was not of the essence of the escrow agreement. From the documentary evidence and defendant's own testimonial...

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