FORMEY v. JONES


303 A.D.2d 266 (2003)

758 N.Y.S.2d 13

WANDA R. FORMEY, Respondent, v. MICHAEL E. JONES et al., Appellants.

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

Decided March 20, 2003.


On March 20, 1998, plaintiff, as buyer, and defendant Jones,* as seller, entered into the contract at issue for the sale of property located at 527 Manhattan Avenue in Manhattan. Pursuant to the contract, the closing was to take place on April 30, 1998 and the premises were to be delivered "vacant and free of leases or tenancies." The contract gave the seller the right to cancel if he was unable to...

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