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ROVELLO v. OROFINO REALTY CO., INC.

51 A.D.2d 562 (1976)

Michael Rovello, Respondent, v. Orofino Realty Co., Inc., et al., Appellants

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

January 19, 1976

Order reversed, on the law, without costs, and motion granted.

No questions of fact were presented on this appeal. It appears on the face of the complaint that plaintiff never tendered the down payment required by the contract. Moreover, the complaint is deficient in that it fails to allege facts sufficient to excuse plaintiff's failure to tender (see Harding Park Owners v Young, 5 Misc.2d 10, affd 2...

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