In Savitsky v. Sukenik (240 AD2d 557 [2d Dept 1997]) the court found that plaintiff abandoned the contract for the purchase of a building by not paying the purchase price, by demanding the return of her down payment, and by taking no steps to preserve her rights under the contract, or to prevent the defendant seller from selling the building to a third-party. Her demand for the return of the down payment was consistent with her earlier demand for the same return on the ground that that the building was unsuitable for her purposes. The court stated that "it is not even alleged that either party was ready, willing, and able to perform on or within a reasonable time after the closing date set forth in the contract, and the record does not reveal that either party made a bona fide effort to either tender or demand the tender of performance."