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YARMY v. CONTE

128 A.D.2d 611 (1987)

Richard Yarmy, Respondent, v. Robert Conte et al., Appellants

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

March 9, 1987

Ordered that the decision and order is affirmed, with costs.

We find that, under the circumstances of this case, the notice of termination of the contract of sale was premature and failed to meet the technical requirements of the contract. Nevertheless, it served to terminate the contract after the lapse of the full amount of time provided for in the contract for performance by the defendants (see, Ives v Mars Metal Corp., 23 Misc...

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