McPARTLAN v. BASILE


63 A.D.3d 1122 (2009)

VINCENT McPARTLAN et al., Respondents, v. FRANK BASILE et al., Appellants, et al., Defendant.

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

Decided June 30, 2009.


Ordered that the judgment is affirmed, with costs.

The plaintiffs, as purchasers, and the defendants Frank Basile and Angelina Basile (hereinafter the appellants), as sellers, entered into a contract for the sale of certain real property and, pursuant to the terms of the contract, the plaintiffs tendered a down payment in the amount of $52,500. Paragraph 39 of the contract of sale provided that the plaintiffs' obligations under the contract were conditioned upon their...

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