Mcgrath v. Johnson , 42 N.Y.S.2d 556 ( 1943 )

Johnston, 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.