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SAVASTA v. DUFFY

257 A.D.2d 435 (1999)

683 N.Y.S.2d 511

NEIL J. SAVASTA et al., Appellants, v. PETER G. DUFFY, Respondent.

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

Decided January 12, 1999.

We agree with the IAS Court that any breach by defendant of this million-dollar contract by reason of his failure to disclose the $4,400 assessment, which could have been paid in 60 monthly installments, or $73 a month, was not material as a matter of law, and therefore did not justify plaintiffs' refusal to close (see, Wong v Weissman, 133 A.D.2d 821; cf., Kraitenberger v Aloow Realty Corp., 172 A.D.2d 647...

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