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FUCARINO v. TIDE WAY HOMES, INC.

306 A.D.2d 375 (2003)

760 N.Y.S.2d 862

PIA FUCARINO et al., Respondents-Appellants, v. TIDE WAY HOMES, INC., et al., Appellants-Respondents.

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

Decided June 16, 2003.

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the cross-appeal is deemed withdrawn; and it is further,

Ordered that one bill of costs is awarded to the plaintiffs.

The contract of sale provided that "[i]n the event the Seller is not ready to close by December 1, 2000, then the Purchaser shall have the right to terminate this contract." The contract further provided that "[n]either this contract nor any...

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