LAMANNA v. WING YUEN REALTY, INC.


283 A.D.2d 165 (2001)

724 N.Y.S.2d 54

FRANK LAMANNA, Respondent, v. WING YUEN REALTY, INC., Appellant.

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

Decided May 1, 2001.


It is our view that plaintiff failed to exercise his option to purchase the subject building by placing a condition upon the option, i.e., that the building be vacant at the time of transfer. "It is a fundamental principle of contract law that a valid acceptance must comply with the terms of the offer * * * and, if qualified with conditions it is equivalent to a rejection and counteroffer" (Roer v Cross County Med. Ctr. Corp., 83 A.D.2d 861

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