BACKER v. BOUZA FALCO CO.


28 A.D.3d 503 (2006)

814 N.Y.S.2d 188

YEHUDA BACKER, Respondent, v. BOUZA FALCO CO., Appellant.

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

April 11, 2006.


Ordered that the order is affirmed, with costs.

In January 2004 the parties entered into a contract for the plaintiff's purchase of real property from the defendant at a purchase price of $4 million. Paragraph 37 of the contract provided, inter alia, that if the plaintiff discovered an objectionable environmental condition which would cost more than $40,000 to cure, he could cancel the contract within 30 days, or seek a...

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