Legal Opinion
Xhelili v. Larstanna
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1989PublishedCited by 5 opinions
1Opinion of the Court
In an action, inter alia, for specific performance of a contract for the sale of real property, the plaintiffs appeal from an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated October 23, 1986, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The mortgage contingency clause in the contract of sale between the parties was for the benefit of the plaintiffs only and the defendants could not use the failure of the plaintiffs to obtain a mortgage by the specified date as justification for canceling…
2Cases cited6 opinions
- Zev v. MermanNew York Court of Appeals · 1988
- Zev v. MermanAppellate Division of the Supreme Court of the State of New York · 1987
- Ballen v. PotterNew York Court of Appeals · 1929
- Levine v. SarbelloAppellate Division of the Supreme Court of the State of New York · 1985
- Levine v. SarbelloNew York Court of Appeals · 1986
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- 3M Holding Corp. v. WagnerAppellate Division of the Supreme Court of the State of New York · 1990
- Gammal v. La Casita Milta, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Suburban Housing Development & Research, Inc. v. Island Properties & Equities, LLCAppellate Division of the Supreme Court of the State of New York · 2004
- 28 Properties, Inc. v. Akleh Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Gemwright v. TerryAppellate Division of the Supreme Court of the State of New York · 1993