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AM. FUNDING, INC. v. PETBAR REALTY CO., INC.

238 A.D.2d 258 (1997)

657 N.Y.S.2d 20

American Funding, Inc., Respondent, v. Petbar Realty Co., Inc., et al., Appellants

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

April 24, 1997

The record establishes that plaintiff was able and willing to perform, defendants were unable to convey "free and clear of any liens and violations" as required by the contract. Any issue that defendants remove asbestos from the building basement was not raised until long after defendants defaulted (see, United States v 0.35 Acre of Land, 706 F.Supp. 1064, 1074). The provision...

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