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NESDALE v. BANISTER

18 A.D.3d 841 (2005)

795 N.Y.S.2d 458

JOHN NESDALE, Appellant, v. FRANK BANISTER, Respondent.

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

May 31, 2005.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the defendant seller lawfully exercised his right to cancel the contract of sale pursuant to cancellation clauses inserted in the contract for the seller's benefit or for the benefit of both parties (see W.W.W. Assoc. v Giancontieri, 77 N.Y.2d 157

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