Alirkan v. Garcia

In an action for specific performance of a contract for the sale of real property and to recover damages for breach thereof, the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Kings County (Ramirez, J.), dated May 16, 1989, which granted the defendant’s motion pursuant to CPLR 3211 (a) (1) and (7) and thereupon dismissed the complaint.

Ordered that the order and judgment is affirmed, with costs.

The plaintiff buyers entered into a contract to purchase the subject property from the defendant. The contract contained a mortgage contingency clause requiring the…