CLARK v. GOLDEN


140 A.D.2d 662 (1988)

David M. Clark et al., Respondents, v. Harold Golden et al., Appellants

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

May 31, 1988


Ordered that the order is affirmed, with costs.

We agree with the Supreme Court, Dutchess County, that there are questions of fact presented in this case as to whether time was made of the essence by the parties and whether paragraphs 25 and 27 of the rider to the contract bear on these issues. Accordingly, summary judgment was properly denied (CPLR...

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