SCHRECK v. SPINARD


13 A.D.3d 1027 (2004)

788 N.Y.S.2d 214

CRAIG SCHRECK et al., Respondents, v. THOMAS A. SPINARD, Appellant.

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

December 30, 2004.


Rose, J.

Plaintiffs commenced this action seeking specific performance of a written agreement for the purchase of real property from defendant. The agreement provided that it was "subject to attorney approval within 21 days." Fifteen days later, defendant notified plaintiffs that he had received a better offer for the property and that, accordingly, his attorney would not approve the agreement. Supreme Court denied defendant's motion for summary judgment dismissing...

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