Greenbriar-Somers Corp. v. Petrone

In September 1982 the parties entered into a contract for the sale of real property located in the Town of Somers, with *706the plaintiff as seller and the defendants as purchasers. Although the closing did not occur as scheduled, the defendants moved into the property on December 17, 1982, and resided there until the closing occurred on July 7, 1983. Thereafter, the plaintiff commenced this action to recover the reasonable value of the defendants’ use and occupancy of the property prior to the date of closing.

Absent an agreement to create a landlord-tenant relationship, a vendor of property…