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ADC ORANGE v. COYOTE ACRES

7 N.Y.3d 484 (2006)

857 N.E.2d 513

824 N.Y.S.2d 192

ADC ORANGE, INC., Appellant, v. COYOTE ACRES, INC., Respondent.

Court of Appeals of New York.

Decided October 19, 2006.

Attorney(s) appearing for the Case

Powers & Santola, LLP, Albany (Michael J. Hutter of counsel), and Tarshis, Catania, Liberth, Mahon & Milligram, PLLC, Newburgh, for appellant.

Joseph J. Haspel, PLLC, Goshen (Joseph J. Haspel of counsel), and Errol Blank, West Nyack, for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ and R.S. SMITH concur; Judge PIGOTT taking no part.

OPINION OF THE COURT

ROSENBLATT, J.

This case involves a contract for the sale of land. The buyer seeks specific performance; the seller has kept the down payment, claiming the buyer breached the contract. Pursuant to the contract, the buyer was obligated to make an interim payment of $250,000 by a particular date. Because the buyer made the payment two weeks late, the outcome of the appeal turns in part on whether, in connection with that obligation, time...

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