OXFORD FUNDING CORP. v. JAMES H. NORTHRUP, INC.


130 A.D.2d 722 (1987)

Oxford Funding Corporation, Appellant, v. James H. Northrup, Inc., et al., Respondents

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

May 26, 1987


Ordered that the order is affirmed, with costs.

Contrary to the defendants' assertions, we find that they were contractually bound to deliver the premises, which were located in the Town of Islip, with rental permits required under the Islip Town Code. However, we further conclude that the advance rejection of title by the plaintiff purchaser, one day prior to the adjourned scheduled closing date, amounted to an anticipatory...

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