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CARNEGIE SUCCESSORS, INC. v. GROSS

166 A.D.2d 224 (1990)

Carnegie Successors, Inc., Respondent, v. Frances Gross et al., Respondents. (Action No. 1.) Brenton, Ltd., Appellant, v. Hudes Family Irrevocable Trust No. 2 et al., Respondents. (Action No. 2.)

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

October 11, 1990

We assume in defendant seller's favor that payment of the second installment on the down payment was due no later than November 14, 1988, and that plaintiff buyer's tender of a check on that date drawn on insufficient funds was an event of default under the parties' contract. (We should note that buyer submitted compelling evidence on this motion for summary judgment that it was only because of a clerical error on the part of its...

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