88 BLUE CORP. v. STATEN BUILDERS CO.


176 A.D.2d 536 (1991)

88 Blue Corp., Appellant, v. Staten Builders Company et al., Respondents. Jerry Kopito et al., Counterclaim Defendants-Appellants

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

October 10, 1991


By contract dated December 28, 1989, plaintiff 88 Blue Corp. was to purchase certain improved real property on Victory Boulevard in Staten Island for 21 million dollars. Plaintiff's down payment of one million dollars was deposited with sellers' attorney, White & Case, as escrowee. The closing was to take place six months in the future, on July 2, 1990, with time being of the essence. The contract provided sellers were to make all books and records pertaining to the premises...

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