Route 300 Corp. v. Chester J. Brown Et Al‪.‬

Defendants' time to serve their answer is extended until 20 days after entry of the order hereon. The Special Term granted the motion upon the ground, inter alia, that the amended complaint pleads neither an excuse for plaintiff's failure to make or to tender certain quarterly installments due under the contract, nor any waiver by the defendants of such payments. The contract, dated April 15, 1956, which is annexed to the amended complaint, contained a clause which provided for the delivery by the defendant vendors, under certain contingencies, of deeds for one-half acre parcels upon the payment to them by the vendee of $500 for each half acre, such payments to be applied upon the quarterly payments of $1,000 payable through 1958. The amended complaint alleges inter alia that, at the time of the assignment to plaintiff's assignor (Jan. 17, 1958), the exact amount due to the defendants was unknown to the parties to the assignment; that in order to induce the plaintiff's assignor to assume its obligations under the assignment agreement, the defendants represented to the assignor that they would furnish it with such information; that, although such information was duly demanded, the defendants