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GUIPPONE v. GAIAS

13 A.D.3d 339 (2004)

786 N.Y.S.2d 112

ALLEN GUIPPONE et al., Respondents, v. FLORENCE GAIAS, Appellant.

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

December 6, 2004.

Ordered that the order is affirmed, with costs.

In February 2002 the parties entered into a contract whereby the defendant agreed to sell to the plaintiffs real property located in Shoreham. The contract provided that the closing was to occur "on or about January 30, 2002." However, at a scheduled closing on April 3, 2002, the plaintiffs appeared ready, willing, and able to close, but the defendant failed to appear. Thereafter...

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