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COMMINS v. COUTURE

12 A.D.3d 999 (2004)

785 N.Y.S.2d 160

NANCY R. COMMINS, Respondent v. RAYMOND A. COUTURE et al., Appellants. (And a Third-Party Action.)

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

November 24, 2004.

Crew III, J.P.

In November 2001, defendants decided to sell their residential property in the Town of Edinburg, Saratoga County. On or about November 12, 2001, plaintiff submitted a written offer to purchase defendants' property for $160,000. Insofar as is relevant to this appeal, the purchase offer contained two contingencies. The first, set forth in paragraph No. 3 of the purchase offer, required plaintiff to obtain a mortgage on or before December 14, 2001 (hereinafter...

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