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HANDS-ON-MGT, INC. v. C.D.O. REALTY CORP.

306 A.D.2d 187 (2003)

761 N.Y.S.2d 216

HANDS-ON-MGT, INC., Appellant, v. C.D.O. REALTY CORP., Defendant, and SAMANA MANAGEMENT, LLC, Respondent.

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

Decided June 24, 2003.

The motion court properly determined that plaintiff purchaser breached the subject contract for the sale of real property by not forwarding an additional $20,000 payment at the expiration of the due diligence period, in accordance with the agreement's terms. Instead, plaintiff sought to change those terms by proposing the addition of a purchase-money mortgage provision—the equivalent of making a counteroffer (see Lamanna...

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