Ordered that the judgment is affirmed, with costs.
The terms of the option agreement between the plaintiff and the defendant required the plaintiff to pay the property taxes on the defendant's land during the four-year option period. This he failed to do. After the plaintiff failed to do so for two years and seven months, the defendant listed the land for sale.
"It is well settled that in order to validly exercise an option to purchase real property, the optionee...
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