SCIPIO v. SULLIVAN


30 A.D.3d 660 (2006)

816 N.Y.S.2d 576

JOHN A. Di SCIPIO, Respondent, v. ANN Z. SULLIVAN, as Administrator of the Estate of GAIL A. SULLIVAN, Deceased, Appellant.

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

June 1, 2006.


Mugglin, J.

Gail A. Sullivan (hereinafter decedent), the purchaser on a real estate contract with plaintiff, died unexpectedly several days before the scheduled closing. Following the appointment of defendant as administrator for decedent's estate, plaintiff declared time to be of the essence and scheduled two closing dates in February 2004. When defendant failed to close, plaintiff brought this breach of contract action...

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