MERCER v. PHILLIPS


252 A.D.2d 900 (1998)

676 N.Y.S.2d 334

James C. Mercer, Appellant, v. Robert L. Phillips, Respondent

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

July 30, 1998


Carpinello, J.

By contract dated October 23, 1995, defendant agreed to purchase and plaintiff agreed to sell certain commercial property located in the Town of Clifton Park, Saratoga County. Although the agreement originally provided that the closing would be held within 90 days of the contract date, the parties executed an amendment to the agreement, dated January 4, 1996, which provided that the "Closing date shall be on or before [150] days from the...

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