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BANNISTER v. AGARD

2014-03179.

125 A.D.3d 797 (2015)

GARNER BANNISTER, Appellant, v. PATRICIA AGARD, Defendant, and K & DZ CORP. et al., Respondents.

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

Decided February 18, 2015.

Ordered that the order is affirmed insofar as appealed from, with costs.

In September 2010, the plaintiff entered into a sales agreement (hereafter the agreement) to purchase certain real property from the defendant Patricia Agard. The agreement provided that the plaintiff would pay a deposit of $40,000 to Agard, to be held in escrow pending the closing, and that the closing was to take place no later than July 2011. According to

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