O'ROURKE v. CARLTON


286 A.D.2d 427 (2001)

730 N.Y.S.2d 234

JOHN O'ROURKE, Appellant, v. FREDERICK CARLTON, Respondent, et al., Defendant.

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

Decided August 20, 2001.


Ordered that the order is affirmed, with costs.

The respondent established his prima facie entitlement to judgment as a matter of law dismissing the complaint insofar as asserted against him. It is undisputed that the plaintiff failed to comply with the time limitations specified in the option agreement and failed to tender the specified amount for the down payment. Furthermore, the plaintiff altered the terms of the contract. It is well settled that one attempting...

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