CHARLES HYMAN, INC. v. POWER COOLING, INC.


106 A.D.2d 423 (1984)

Charles Hyman, Inc., Respondent, v. Power Cooling, Inc., Appellant

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

December 10, 1984


Judgment affirmed, with costs.

The option to purchase was properly and timely exercised by plaintiff, who requested that defendant contact it at defendant's "earliest convenience so that we may arrange a meeting to implement the foregoing". The fact that defendant did not respond to that request and did not return telephone calls made by plaintiff's principal and its attorney did not require plaintiff, on pain of lapse of its right to exercise the option, to insist...

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