Legal Opinion
Dann v. King Associates, LLC
Appellate Division of the Supreme Court of the State of New York
Decided March 17, 2003PublishedCited by 4 opinions
1Opinion of the Court
—In an action for specific performance of a contract for the sale of real property, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Dunn, J.), dated April 29, 2002, as denied their cross motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, and the complaint is dismissed.
The subject real estate contract was contingent upon the plaintiffs’ ability to secure a mortgage commitment for a sum certain. The…
2Cases cited6 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Roth v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1998
- Dale Mortgage Bankers Corp. v. 877 Stewart Avenue AssociatesAppellate Division of the Supreme Court of the State of New York · 1987
- Castaldo v. DalmazioAppellate Division of the Supreme Court of the State of New York · 1987
- European American Bank v. MillerAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by4 opinions
- Gammal v. La Casita Milta, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Degree Security Systems, Inc. v. F.A.B. Land Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Asher v. ShlimbaumAppellate Division of the Supreme Court of the State of New York · 2007
- Gibbs v. MooreAppellate Division of the Supreme Court of the State of New York · 2007