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JOHN NESDALE, Appellant, v. FRANK BANISTER, Respondent.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the defendant seller lawfully exercised his right to cancel the contract of sale pursuant to cancellation clauses inserted in the contract for the seller's benefit or for the benefit of both parties ( see W.W.W. Assoc. v. Giancontieri, 77 NY2d 157, 163).

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NESDALE v. BANISTER
(May 31, 2005)