Salvati v. Permanent Home Builders, Inc.

In an action by vendees of real property (1) to recover their down payment on the contract of sale and (2) for a lien on the subject premises, plaintiffs appeal from a judgment of the Supreme Court, Queens County, dated March 27, 1968 and entered after a nonjury trial, which dis*968missed the complaint. Judgment reversed, on the law, without costs, and action remitted to the trial court for (1) a proper decision and finding, pursuant to CPLR 4213, as to whether plaintiffs’ attorney was authorized by plaintiffs to approve and accept the late mortgage commitment and (2) further proceedings not…