McENTEE v. ACE HOMES, INC.


5 A.D.3d 854 (2004)

772 N.Y.S.2d 633

CHRISTOPHER McENTEE et al., Appellants, v. ACE HOMES, INC., Respondent.

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

March 4, 2004.


Lahtinen, J.

Plaintiffs cancelled a contract to purchase a modular home from defendant before the manufacturer had commenced work on the home. When defendant refused to return any part of their $12,800 deposit, plaintiffs commenced this action and defendant counterclaimed for damages allegedly sustained as a result of the cancellation. Both parties eventually moved for summary judgment. Supreme Court found a threshold factual issue as to whether plaintiffs' cancellation...

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