Barton v. Lerman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Yesawich, Jr., J. Appeal from an order of the Supreme Court (Williams, J.), entered December 18,1995 in Saratoga County, which, inter alia, denied plaintiffs’ motion for summary judgment.
At issue in this case is the disposition of a $15,000 deposit made by defendant and held in escrow by plaintiffs’ attorney on a contract to purchase plaintiffs’ real property for $150,000. The closing date of August 5, 1994 recited in the contract was mutually extended to September 1, 1994 and then later set by plaintiffs as September 23, 1994, with time expressly stated to be of the essence. Defendant failed…
2Cases cited7 opinions
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