STEFANELLI v. VITALE


223 A.D.2d 361 (1996)

636 N.Y.S.2d 50

Filomeno Stefanelli et al., Appellants, v. Vincenzo Vitale et al., Respondents

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

January 4, 1996


In this action for breach of a real estate sales contract, plaintiffs sellers seek the release to them from escrow of a down payment in the amount of $29,000, based on their claim that defendants wrongfully refused to close the contract. Defendants' refusal to close was based on their claim that plaintiffs were unable to turn over the property free and clear of violations in timely fashion.

The evidence presented at the trial shows that the original closing date,...

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