Dembeck v. Hassler

—Order, Supreme Court, New York County (Stephen Crane, J.), entered August 1, 1996, which, in an action by plaintiff buyer against defendant seller to recover damages for breach of contract to sell a cooperative apartment, insofar as appealed from as limited by the buyer’s brief, denied her cross motion for summary judgment, and, upon a search of the record, granted the seller summary judgment dismissing the complaint, unanimously affirmed, with costs.

*149The IAS Court correctly held that the seller, once advised that the buyer had obtained a mortgage commitment, effectively retracted her…