Links at North Hills v. Baker

Full title: LINKS AT NORTH HILLS, Respondent, v. ROBERT W. BAKER et al., Appellants…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 25, 1996

226 A.D.2d 279 (N.Y. App. Div. 1996)

641 N.Y.S.2d 287

Opinion

April 25, 1996

Appeal from the Supreme Court, Nassau County (John Lockman, J.).

While defendants were entitled to insist that the defective water seepage condition in the basement be corrected and that the recreational facilities be completed, rescission of the contract was not their remedy, as neither the basement leak nor the unfinished recreational facilities constituted material breaches pursuant to the purchase agreement. We have considered defendants' remaining arguments and find them to be without merit.

Concur — Milonas, J.P., Kupferman, Ross and Tom, JJ.