FELIPE v. 2820 WEST 36TH STREET REALTY CORP.


20 A.D.3d 503 (2005)

798 N.Y.S.2d 738

EUSTORGIO FELIPE et al., Appellants, v. 2820 WEST 36TH STREET REALTY CORP., Respondent.

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

July 18, 2005.


Ordered that the order is affirmed, with costs.

The plaintiffs conceded that at the time they executed the contract of sale, the contract was not yet executed by the defendant. Moreover, it is undisputed that the defendant did not subsequently mail a fully-executed copy of the contract to the plaintiffs' attorney, as expressly required under paragraph 17 of the rider to the contract. Because the delivery requirement was a condition precedent to the formation of any...

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