2011 NY Slip Op 51369

Citation
2011 NY Slip Op 51369
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed
Original Source
https://www.nycourts.gov/reporter/3dseries/2011/2011_51369.htm ↗

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Full Text

473 chars 
While D'Abreau v. Smith provided that a demand for closing by one party was required
in order to hold the other in default in the circumstances of that action, the decision also states
that if the plaintiff "gave a definite and final communication evincing an intention to forego
performance under the contract, the defendant would have been entitled to retain the down
payment and to convey the property to alternative purchasers." Id. at 617 (internal
citations omitted).