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WINIARSKI v. DURYEA ASSOCIATES, LLC

14 A.D.3d 697 (2005)

789 N.Y.S.2d 510

DAVID WINIARSKI, Appellant, v. DURYEA ASSOCIATES, LLC, Respondent.

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

January 31, 2005.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint. The documentary evidence submitted by the defendant in support of the motion established that the plaintiff made unilateral modifications to material terms of the proposed contract of sale. These modifications constituted a counteroffer that the defendant expressly rejected...

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