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EUGENE RACANELLI, INC. v. INCORPORATED VIL. OF BABYLON

2008-05223.

66 A.D.3d 954 (2009)

886 N.Y.S.2d 827

2009 NY Slip Op 7794

EUGENE RACANELLI, INC., et al., Respondents, v. INCORPORATED VILLAGE OF BABYLON et al., Appellants.

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

Decided October 27, 2009.

Ordered that the order is affirmed, with costs.

The cover letter attached to an unexecuted contract of sale for the subject real property, which was sent to the attorney representing the defendants, specifically provided that the seller would not be bound until the contract of sale had been executed and delivered to the office of the defendants' attorney. Inasmuch as neither full execution nor delivery was accomplished prior to the time that the plaintiffs' attorney...

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