HARTE v. TRAPANI


282 A.D.2d 501 (2001)

722 N.Y.S.2d 770

GREGORY T. HARTE et al., Appellants, v. THOMAS TRAPANI, Respondent.

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

Decided April 9, 2001.


Ordered that the judgment is affirmed, with costs.

In March 1994 the plaintiffs and the defendant entered into a contract for the sale of the defendant's house, with an anticipated closing date of June 1, 1994. Under the contract, the plaintiffs were permitted to, and did, take possession of the house prior to closing title. Thereafter, title failed to close on the anticipated date.

In June 1995 the plaintiffs commenced this action seeking, inter alia,...

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