Legal Opinion

Bossert v. Fratalone

Appellate Division of the Supreme Court of the State of New York

Decided April 6, 2006PublishedCited by 3 opinions

1Opinion of the CourtRose, J.

Appeal from an order of the Supreme Court (Connor, J.), entered December 3, 2004 in Columbia County, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint.

A contract for the sale of plaintiffs’ real property to defendant provided, among other things, that defendant would have the opportunity to withdraw by notifying plaintiffs in writing on or before May 10, 2000 if a potability test of the property’s water supply found it to be unfit for human consumption. Defendant signed the agreement, but it was not executed by plaintiffs until May 17, 2000 and they…

2Cases cited9 opinions

  1. Zev v. MermanNew York Court of Appeals · 1988
  2. Hegeman v. BedfordAppellate Division of the Supreme Court of the State of New York · 2004
  3. Mercer v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1998
  4. Barton v. LermanAppellate Division of the Supreme Court of the State of New York · 1996
  5. Smith v. Lebanon Valley Auto Racing, Inc.Appellate Division of the Supreme Court of the State of New York · 1990

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3Cited by3 opinions

  1. Mills v. ChauvinAppellate Division of the Supreme Court of the State of New York · 2013
  2. Gillette v. MeyersAppellate Division of the Supreme Court of the State of New York · 2007
  3. Mills v. ChauvinAppellate Division of the Supreme Court of the State of New York · 2013

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