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HOOKER v. WOOTEN
Appellate Division of the Supreme Court of New York, Second Department.
Mar 31, 1997
Ordered that the judgment is affirmed, without costs or disbursements.
The Plaintiff's failure to make monthly installment payments to the defendant pursuant to their agreement constituted a material breach of the agreement. Therefore, the plaintiff is not entitled to an award of specific performance ( see, Grace v Nappa, 46 NY2d 560, 567).
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