PARK v. LINKS AT NORTH HILLS


203 A.D.2d 100 (1994)

612 N.Y.S.2d 838

Il Soon Park et al., Appellants, v. Links at North Hills et al., Respondents. Il Soon Park et al., Appellants-Respondents, v. Links at North Hills et al., Respondents-Appellants

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

April 12, 1994


We agree with the IAS Court that plaintiffs must be deemed to have approved defendant seller's proposed changes to their condominium unit because of their failure to give timely written notice of disapproval as required by paragraph 15 of the purchase agreement, and that their failure to take title thus constituted a default entitling defendants to damages. Defendants were not precluded from seeking actual damages since, under paragraph 6 of the purchase agreement, retention...

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