Opinion
September 28, 1987
Appeal from the Supreme Court, Orange County (Green, J.).
Ordered that the appeal from the judgment is dismissed, as it was superseded by the order dated April 27, 1987, made upon renewal; and it is further,
Ordered that the order dated April 27, 1987 is affirmed insofar as appealed from; and it is further,
Ordered that the defendants are awarded one bill of costs.
Special Term properly dismissed the complaint since the plaintiff's purported acceptance of the defendants' offer to sell certain real property, tendered 14 months after the making of the offer, was not, as a matter of law, made within a reasonable period of time (see, Restatement [Second] of Contracts § 41; 1 Corbin, Contracts § 36; Modern Pool Prods. v. Rudel Mach. Co., 58 Misc.2d 83). Mollen, P.J., Mangano, Brown and Lawrence, JJ., concur.