Legal Opinion

Bildirici v. Smartway Realty, LLC

Appellate Division of the Supreme Court of the State of New York

Decided November 22, 2011PublishedCited by 3 opinions

1Opinion of the Court

*974On November 28, 2007, the plaintiff entered into a contract to purchase a building in Brooklyn from the defendant. Pursuant to a mortgage contingency clause, the plaintiff had the right to cancel the contract in the event that he was unable to secure “a conventional first mortgage loan covering the premises in the amount of $1,700,000” within 45 days. The contract additionally required the plaintiff to make “diligent effort to procure such a mortgage loan commitment.” The plaintiff submitted a mortgage application to an institutional lender via a mortgage broker, but the lender declined the…

2Cases cited7 opinions

  1. Partrick v. GuarniereAppellate Division of the Supreme Court of the State of New York · 1994
  2. Astrada v. ArcherAppellate Division of the Supreme Court of the State of New York · 2008
  3. Hoft v. FrenkelAppellate Division of the Supreme Court of the State of New York · 2008
  4. Jian Zheng v. EvansAppellate Division of the Supreme Court of the State of New York · 2009
  5. Buxton v. StreanyAppellate Division of the Supreme Court of the State of New York · 2009

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3Cited by3 opinions

  1. Ettienne v. HochmanAppellate Division of the Supreme Court of the State of New York · 2013
  2. Berger v. MazzaroneAppellate Division of the Supreme Court of the State of New York · 2024
  3. Ettienne v. HochmanAppellate Division of the Supreme Court of the State of New York · 2013

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