Judgment reversed insofar as appealed from, on the law and the facts, with costs, the first decretal paragraph is deleted therefrom and the complaint is dismissed as against defendant Ickovic.
An examination of the record reveals that the subject agreement was not an option contract but rather an agreement of purchase and sale. An option contract is an agreement to hold an offer open; it confers upon the optionee, for consideration paid, the right to purchase at a...
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