New Eynon Associates, L.P. v. Lehman Brothers Holdings Inc.

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered June 14, 1999, which granted defendant mortgage company’s motion to dismiss the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

Defendant provided plaintiff with a mortgage loan commitment letter on March 17, 1998 which, by its terms, provided that it would terminate 60 days later, on May 16, 1998. On April 8th, plaintiff purported to accept the commitment but conditioned its acceptance on Lehman’s agreement to 19 additional conditions. On May 15th, the day prior…