Legal Opinion

O'Connell v. Soszynski

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

Decided December 11, 2007Published

1Opinion of the Court

In an action, inter alia, for specific performance of a real estate contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Satterfield, J.), dated August 10, 2006, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

In February 2005 the plaintiff and the defendants entered into a contract of sale wherein the plaintiff agreed to purchase certain real property owned by the defendants. The contract, *645which provided a closing date of April 30, 2005, contained a mortgage contingency clause,…

2Cases cited11 opinions

  1. Huntington Mining Holdings, Inc. v. Cottontail Plaza, Inc.New York Court of Appeals · 1983
  2. 3M Holding Corp. v. WagnerAppellate Division of the Supreme Court of the State of New York · 1990
  3. Johnson v. PhelanAppellate Division of the Supreme Court of the State of New York · 2001
  4. Internet Homes, Inc. v. VitulliAppellate Division of the Supreme Court of the State of New York · 2004
  5. Madison Equities, LLC v. MZ Management Corp.Appellate Division of the Supreme Court of the State of New York · 2005

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