Bobrowsky v. Landes

In our view, the affidavit of the plaintiff Charles Bobrowsky and the accompanying exhibits submitted to Special Term in support of the plaintiffs’ motion for summary judgment established that there was no willful breach of the contract of sale by virtue of the fact that the proposed mortgagee, which had issued a mortgage commitment within the time specified in *619the contract, subsequently revoked the commitment after being advised by the plaintiffs prior to the scheduled closing date that there was a substantial change in their financial circumstances. We find that the material facts in Lane v…