MATTER OF SCHOONMAKER v. COMM'R OF TAXATION & FIN. OF THE STATE OF NEW YORK


202 A.D.2d 723 (1994)

608 N.Y.S.2d 357

In the Matter of David Schoonmaker et al., Petitioners, v. Commissioner of Taxation and Finance of the State of New York et al., Respondents

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

March 3, 1994


Mercure, J.

On October 7, 1988, petitioners executed a binding written contract to purchase a house from Kathryn Sargent for $1,100,000. Petitioners agreed to pay a $50,000 deposit at the signing of the contract, $280,000 upon the delivery of the deed and to provide a note secured by a purchase-money mortgage in the amount of $770,000. Petitioners obtained four extensions of the closing date while they tried to sell the house they then occupied. After...

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