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New York Real Estate Law ReporterColumns & Departments

Real Property Law

By ssalkin
August 01, 2020

Alleged Title Defect Did Not Excuse Failure to Close

Prendergast v. Swiencicky 2020 WL 2201150, AppDiv, Third Dept., 5/7/20 (4-1 decision; majority opinion by Lynch, J; dissenting opinion by Mulvey, J.)

In seller's action for breach of a contract to purchaser real property, purchaser appealed from Supreme Court's grant of summary judgment to seller. The Appellate Division affirmed, holding that purchaser's refusal to close was not justified by any provisions in the sale contract.

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