CARPINIELLO v. PROTANO


32 A.D.2d 786 (1969)

Michael Carpiniello, Respondent, v. Donato Protano et al., Appellants

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

June 9, 1969


Judgment affirmed, with costs; and action remanded to the trial court for the purpose of fixing a new time and place for the closing of title.

We have not reached nor do we decide the question whether the attempted oral modification of the contract of sale was valid and enforceable. We agree with the trial court that under the circumstances plaintiff was entitled to a reasonable adjournment in order to procure cash or a mortgage. Defendants cannot be permitted to...

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