ENGELS v. FRENCH


274 A.D.2d 544 (2000)

711 N.Y.S.2d 487

TODD H. ENGELS et al., Appellants, v. ROBERT FRENCH et al., Respondents, et al., Defendants.

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

Decided July 31, 2000.


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

Although the plaintiffs, the purchasers of the subject property, had declared that time was of the essence and had advised the respondents that the closing had to occur by May 13, 1998, they cancelled the contract of sale on May 11, 1998, after discovering that the basement was not free of leaks as required by the contract. Because the defendants were entitled to attempt to cure the leakage problem...

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