E. Bradlee Boal Et Al. v. Bernard E. Smith

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). Disposition Order-judgment reversed, on the law, with $10 costs and disbursements; plaintiffs' cross motion denied; and defendants' motion to dismiss the complaint granted.