Beinstein v. Navani
Appellate Division of the Supreme Court of the State of New York
1DissentSaxe, J.
In this appeal, we must determine whether defendant purchasers anticipatorily repudiated their contract with plaintiffs for the sale of a residential condominium unit, and, if they did, whether they effectively retracted that repudiation. In my view, the purchasers did not repudiate the contract by insisting that firestopping work be completed and approved before they closed on the sale, but, even if they did, they effectively retracted the earlier repudiation.
Facts
On June 18, 2012, the parties entered into a contract for the sale of a residential condominium unit; the purchasers’ deposit of…
2Cases cited11 opinions
- DeForest Radio Telephone & Telegraph Co. v. Triangle Radio Supply Co.New York Court of Appeals · 1926
- Gilmore v. DuderstadtNew Mexico Court of Appeals · 1998
- Richmor Aviation, Inc. v. Sportsflight Air, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Anderson Excavating & Wrecking Co. v. Sanitary Improvement District No. 177Nebraska Supreme Court · 2002
- Vahabzadeh v. MooneySupreme Court of Virginia · 1991
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