BEAN v. WALKER


95 A.D.2d 70 (1983)

Franklin E. Bean et al., Respondents, v. Carl J. Walker et al., Appellants

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

July 11, 1983


Attorney(s) appearing for the Case

Van Fleet, Yeomans & Klim (Brett Martin and William B. Yeomans of counsel), for appellants.

Hancock, Estabrook, Ryan, Shove & Hust (Robert A. Small of counsel), for respondents.

DILLON, P. J., DENMAN, BOOMER and SCHNEPP, JJ., concur.


DOERR, J.

Presented for our resolution is the question of the relative rights between a vendor and a defaulting vendee under a land purchase contract. Special Term, in granting summary judgment in favor of plaintiffs, effectively held that the defaulting vendee has no rights. We cannot agree.

The facts may be briefly stated. In January, 1973 plaintiffs agreed to sell and defendants agreed to buy a single-family home in Syracuse for the sum of...

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