BOSSERT v. FRATALONE


28 A.D.3d 852 (2006)

813 N.Y.S.2d 791

HELGA BOSSERT et al., Appellants, v. JOHN C. FRATALONE, Respondent. (And a Third-Party Action.)

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

April 6, 2006.


Rose, J.

A contract for the sale of plaintiffs' real property to defendant provided, among other things, that defendant would have the opportunity to withdraw by notifying plaintiffs in writing on or before May 10, 2000 if a potability test of the property's water supply found it to be unfit for human consumption. Defendant signed the agreement, but it was not executed by plaintiffs until May 17, 2000 and they did not return it to defendant until May 24, 2000. Defendant...

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