Lunning v. 10 Bleecker Street Owners Corp.

—Judgment, Supreme Court, New York County (Herman Cahn, J.), entered December 2, 1988, which granted plaintiffs’ motion, pursuant to CPLR 3212, for summary judgment declaring that plaintiffs were not in default under the terms of the subscription agreement and were entitled to the return of their deposit in the amount of $24,000, unanimously affirmed, without costs.

Plaintiffs contracted to purchase shares allocated to an apartment at premises located at 10 Bleecker Street, New York County. After obtaining a loan commitment, which was contingent upon no material change in plaintiffs’ financial…