RHO v. MORNINGSIDE IN PURCHASE ASSOCS.


150 A.D.2d 355 (1989)

Kung N. Rho et al., Respondents, v. Morningside in Purchase Associates et al., Appellants

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

May 1, 1989


Ordered that the order is reversed insofar as appealed from, on the law, and those branches of the defendants' cross motion which were to dismiss the first and second causes of action asserted in the complaint and for summary judgment on the third counterclaim is granted, with costs.

The plaintiff purchasers failed to effectively cancel the contract of sale under its terms and, thus, their failure to appear at closing constituted a breach of that contract (see...

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