Huntington Mining Holdings, Inc. v. Cottontail Plaza, Inc.

In an action, inter alia, for specific performance of a contract to sell real property, plaintiff appeals from an order of the Supreme Court, Suffolk County, dated March 21, 1980, which granted defendant’s motion for summary judgment. Order reversed, with $50 costs and disbursements, and motion denied. The contract between the parties for the sale of land provided that the agreement be subject to and conditioned upon the purchaser obtaining a first mortgage loan in the amount of $3,300,000 from the Chase Manhattan Bank. We find that this clause did not preclude an all cash payment; the…