¶1Johnston, Adel and Taylor, JJ., concur; Close, P. J., and Lewis, J., dissent and vote to affirm, with the following memorandum: The failure of defendants to appear on the closing day and their neglect to exercise the option within a reasonable time thereafter, as found by the Trial Judge, justify the judgment for plaintiff.
266 A.D. 871
Mcgrath v. Johnson
Appellate Division of the Supreme Court of the State of New York
Decided June 21, 1943
Appellate Division of the Supreme Court of the State of New York · decided 1943-06-21
Decided 1943-06-21