DUTCH v. BASILE


170 A.D.2d 966 (1991)

William M. Dutch et al., Doing Business as Wellesley Island Partnership, Appellants, v. Florine Basile, Jr., Respondent. (Appeal No. 1.)

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

February 1, 1991


Judgment unanimously affirmed with costs.

Memorandum:

Plaintiffs' conduct amounted to an abandonment of their contract with Basile. Upon learning of the right of first refusal, plaintiffs submitted a new agreement to Basile. They never resubmitted the deposit which had been returned by Basile or made the required October 15 additional payment. They never demanded that Basile close on the agreement or made any effort to secure the necessary financing called...

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