Twenty minutes after informing David Grais's attorney that a real-estate deal was dead, Loryn Kass received a fully executed contract of sale.
While Kass claimed that the contract was unenforceable because the offer had been timely withdrawn, Grais countered that the deal had been sealed when the papers were deposited with FedEx, rather than when they were actually received by Kass.
Since the parties' agreement provided it would be effective upon delivery, and Kass backed out before that occurred, the New York County Supreme Court found in Kass's favor.
On appeal, in the absence of any ambiguity as to the contract's terms, the Appellate Division, First Department, also delivered Kass a nice win.
( Absolutely, positively .)
To view a copy of the Appellate Division's decision, please follow this link: Kass v. Grais