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CALVERTON ASSOCIATES, INC. v. KEMPERMANN

262 A.D.2d 262 (1999)

690 N.Y.S.2d 738

CALVERTON ASSOCIATES, INC., Appellant, v. ERNEST KEMPERMANN et al., Respondents.

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

Decided June 1, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff failed to show that it was able to convey marketable title to the defendants on the final day set by it for the closing. It then breached its contract with the defendants by selling the subject property to a third party prior to setting a new closing date. Under these circumstances, the Supreme Court properly granted the defendants' motion (see, Gargano v Rubin,

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