LAWRENCE v. MOUNTAIN


234 A.D.2d 974 (1996)

651 N.Y.S.2d 816

Thomas P. Lawrence, Respondent, v. John M. Mountain, Appellant

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

December 30, 1996


Order unanimously reversed on the law with costs, motion denied and amended answer and counterclaim reinstated.

Memorandum:

Defendant agreed to purchase plaintiff's interest in two parcels of real property at Cuba Lake in Allegany County. The contract provided for a closing on or before August 21, 1995, but did not provide that time was of the essence. On August 20, 1995, plaintiff informed defendant that he had...

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