Cardona, P.J.
In April 2003, plaintiff entered into a contract to purchase real property located in the Town of Middletown, Delaware County, from defendant Diana L. Woller Cope-Schwarz (hereinafter the seller). The closing date was set for June 26, 2003, however, the contract did not include a "time of the essence" clause. Prior to the sale, the seller retained defendant Frank P. Lumia Real Estate Plus
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