Opinion
October 19, 1970
In an action to compel specific performance of an option for the purchase of real property, defendants appeal from an order-judgment of the Supreme Court, Westchester County, entered February 13, 1970, which denied their motion to dismiss the complaint and for summary judgment and granted plaintiffs' cross motion for summary judgment. Order-judgment reversed, on the law, with $10 costs and disbursements; plaintiffs' cross motion denied; and defendants' motion to dismiss the complaint granted. The option agreement provided that the option would continue until August 2, 1969. It further provided that, in order to exercise the option, plaintiffs were required to give 30-days' notice of intention to exercise the option on a specified date, such specified date to be on or before August 2, 1969. Notice was sent July 11, 1969. The notice was untimely. The option could no longer be exercised when there was insufficient time to give the required notice ( Manhattan Gear Instrument Co. v. 2350 Linden Blvd. Corp., 27 A.D.2d 570; Noble v. Higgins, 214 App. Div. 135, affd. 243 N.Y. 538). Martuscello, Acting P.J., Latham, Kleinfeld, Brennan and Benjamin, JJ., concur.