McDonald v. Lengel
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCrew Iii, J.
Appeal from an order of the Supreme Court (Relihan, Jr., J.), entered April 14, 2003 in Broome County, which, inter alia, granted defendant’s motion to dismiss the complaint.
In August 2001, plaintiff and her mother, Mary McDonald, entered into a contract to purchase certain real property owned by defendant in Broome County. When plaintiff and McDonald were unable to obtain a mortgage commitment within the 30-day period specified in the contract, defendant refused to complete the sale, prompting McDonald to commence an action for specific performance. Following McDonald’s repeated failure to…
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