Vincent v. Seaman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLevine, J.
Appeal from that part of an order of the County Court of Greene County (Battisti, J.), entered January 20, 1989, which, inter alia, granted plaintiff a preliminary injunction.
Defendant, as executor of the estate of Elise Seaman, sought to sell real property located in the Village of Catskill, Greene County. In September 1987, defendant entered into a contract with Alan Matthews for the sale of the realty. The contract provided that it was "subject to” the buyer completing a mortgage application on or before September 23, 1987. The contract also contained a mortgage contingency clause and…
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