TOWN OF ROXBURY v. RODRIGUES


277 A.D.2d 866 (2000)

716 N.Y.S.2d 814

TOWN OF ROXBURY, Respondent, v. JOHN A. RODRIGUES et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 28, 2000.


Cardona, P. J.

In May 1997, plaintiff entered into a contract with defendants John A. Rodrigues and Virginia Ann Rodrigues (hereinafter collectively referred to as defendants) to purchase a gravel pit located in the Town of Roxbury, Delaware County for the sum of $400,000. In connection therewith, plaintiff tendered a down payment of $20,000 to be held in escrow by defendants' attorney. Paragraph 7 of the contract set forth a number of contingencies regarding completion...

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