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DECICCO v. STAEHLE

11 A.D.3d 425 (2004)

783 N.Y.S.2d 380

DONNA DECICCO, Respondent, v. STEPHEN V. STAEHLE, Appellant.

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

October 4, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendant seller's contentions, the Supreme Court properly granted the plaintiff buyer's motion for summary judgment on her cause of action for specific performance. The contract provided for a closing to take place on or before September 10, 2001, but did not make time of the essence (see Savitsky v Sukenik, 240 A.D.2d 557 [1997]). Thus...

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