Livoti v. Mallon

— In this action for specific performance of a residential real estate contract, the defendant seller appeals from an order of the Supreme Court, Nassau County, entered on November 24, 1980, which granted summary judgment to the plaintiffs. The action was transferred to this court by the Appellate Division, Second Department, and we affirm, without costs. A rider to the sale contract provides as follows: “If Purchasers, after due diligence, shall fail to obtain a firm commitment within the specified time, then either party, on due written notice to the other, may cancel this contract.” It is…