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FRIDMAN v. KUCHER

34 A.D.3d 726 (2006)

826 N.Y.S.2d 104

DORA FRIDMAN et al., Plaintiffs, v. STANISLAV KUCHER et al., Defendants. MIKHAIL ONTMAN, Plaintiff, v. DORA FRIDMAN, Defendant. OLEG KRASNYTSKY, Respondent, v. MIKHAIL ONTMAN et al., Defendants, and STANISLAV KUCHER et al., Appellants.

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

Decided November 28, 2006.

Ordered that the order is reversed, on the law, with costs, and the cross motion for summary judgment is denied.

Dora Fridman and Mikhail Ontman each had a 50% interest in certain real property. They entered into a contract to sell their interests to Oleg Krasnytsky (hereinafter the purchaser), which had a closing date "on or about" November 15, 2004. When that closing date passed, Ontman scheduled a closing for December 17, 2004 and notified the purchaser that "time...

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