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Fumerelle v. Performance Rides, Inc.

188 A.D.2d 1014 Court N.Y. App. Div. Decision date 1992-12-30 English

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p. 1014
Anthony J. Fumerelle et al., Respondents, v Performance Rides, Inc., et al., Appellants.

Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted summary judgment to plaintiffs. The agreement for the sale of the laundromat business to plaintiffs provides: "Contract subject to assuming or negotiating lease acceptable to purchasers.” The record establishes that plaintiffs were unable to assume or negotiate a lease acceptable to them. Therefore, plaintiffs are entitled to the return of their deposit

p. 1015
(see, Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106 , 113; Perna v Desai, 101 AD2d 857 , affd 63 NY2d 898 ). (Appeal from Order of Supreme Court, Erie County, Flaherty, J. — Summary Judgment.) Present — Callahan, J. P., Boomer, Green, Lawton and Boehm, JJ.

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