Tencza v. Hyland

Order and judgment unanimously reversed on the law with costs and complaint dismissed; motion for stay denied as moot. Memorandum: Supreme Court erred in finding that there was a binding contract between the parties and granting plaintiffs’ request for specific performance. On or about April 15, 1987, plaintiffs submitted to defendants an offer to purchase a mobile home park in New Hartford, New York. Defendants responded by inserting four modifications to the purchase offer and advised plaintiffs’ counsel that, if the changes were acceptable, plaintiffs should initial them and return the…