Opinion
March 9, 1987
Appeal from the Supreme Court, Westchester County (Benson, J.).
Ordered that the decision and order is affirmed, with costs.
We find that, under the circumstances of this case, the notice of termination of the contract of sale was premature and failed to meet the technical requirements of the contract. Nevertheless, it served to terminate the contract after the lapse of the full amount of time provided for in the contract for performance by the defendants (see, Ives v. Mars Metal Corp., 23 Misc.2d 1015, affd 7 A.D.2d 909; Bitterman v. Gluck, 256 App. Div. 336; 22 N.Y. Jur 2d, Contracts, § 433, at 354-356). Accordingly, the court properly found that the plaintiff was entitled to partial summary judgment on the third cause of action asserted in his complaint. Thompson, J.P., Niehoff, Lawrence and Kunzeman, JJ., concur.