LEADING BLDG. CORP. v. SEGRETE


60 A.D.2d 907 (1978)

Leading Building Corporation, Appellant, v. Joseph Segrete et al., Respondents

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

January 30, 1978


Judgment reversed, on the law and the facts, with costs, defendants' counterclaim dismissed and action remanded to the Supreme Court, Suffolk County, for further proceedings in accordance herewith.

The contract entered into by plaintiff and defendants, inter alia, contained the following provisions: "(21) If * * * the building shall not be ready for occupancy at the date hereinafter set forth for the closing of title, then the said title closing shall be adjourned...

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