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BRYAN v. ESP CONTRACTING CORP.

183 A.D.2d 427 (1992)

Delroy Bryan, Appellant, v. ESP Contracting Corp. et al., Respondents, et al., Defendant

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

May 7, 1992

The contract of sale unequivocally gave plaintiff purchaser the right to cancel in the event that "the seller is unable for any reason other than purchaser's default, to close on or before October 31, 1988". The failure to close was not due to any default on plaintiff's part, defendants having ordered a release of the down payment from escrow in accordance with the contract after expressly accepting the deficient mortgage commitment...

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