Appellate Division of the Supreme Court of the State of New York, Second Department.
Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment is denied.
The parties entered into a "purchase offer" agreement dated October 22, 1983, in which the plaintiffs Stewart agreed to purchase the defendants' home for $310,000 subject to a termite inspection and engineer's report. The closing date was scheduled as on or about June 1, 1984, and the document provided that "[t]his agreement to remain in force and...
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