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MENDOZA v. RUBIN

309 A.D.2d 712 (2003)

766 N.Y.S.2d 549

ROBERTO G. MENDOZA, Appellant, v. JEROME S. RUBIN et al., Respondents. ROBERTO G. MENDOZA, Respondent, v. JEROME S. RUBIN et al., Appellants.

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

Decided October 30, 2003.

The physical delivery of an executed contract of sale was a condition precedent to the existence of a binding agreement for the purchase of plaintiff's cooperative apartment (see 219 Broadway Corp. v Alexander's, Inc., 46 N.Y.2d 506, 512 [1979]), and defendants did nothing to frustrate the performance of that condition; plaintiff's attorney, without legal basis, simply failed to deliver the subject documents after signing them on...

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