Tripi v. Cocca

On April 30, 1930, this court in a per curiam opinion (229 App. Div. 343) indicated its determination that a judgment of the Supreme Court at Special Term permitting plaintiff in substance to cancel a contract with the defendants for the purchase of real property and to recover back a down payment was erroneous in that it specified a particular law day for final performance of the contract instead of allowing defendants a reasonable time to fulfill by offering a marketable title. We reversed certain findings of fact and conclusions of law, made new findings and entered an interlocutory…