WAGNER HARDING v. ROCKLAND WAREHOUSE CORPORATION


262 A.D.2d 9 (1999)

690 N.Y.S.2d 567

FISCHBEIN BADILLO WAGNER HARDING, Plaintiff, v. ROCKLAND WAREHOUSE CORPORATION, Respondent, and ELLIOTT KALMAN et al., Appellants, et al., Defendant.

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

Decided June 1, 1999.


Inasmuch as defendant purchaser Kalman indicated at the closing that he was unwilling to close at the contract price of $600,000, and thereafter left the closing when his demand for a price reduction was refused; and inasmuch as there is no evidence that Kalman, subsequent to the scheduled closing, sought to tender the agreed upon purchase price, the contract was properly deemed terminated by reason of Kalman's default, and the escrowed down payment was properly directed...

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