Loper v. O'Rourke

These are cross motions for summary judgment. On November 7, 1974, plaintiffs contracted with Carolyn Reader for the sale of her home at 28 DeKalb Avenue, Brentwood. Her attorney, who is the defendant here, held plaintiff’s deposit of $2,000 in escrow pending closing of title, pursuant to the terms of the sale contract. The contract is conditioned upon the buyers’ obtaining an FHA mortgage commitment within 45 days from the contract date, with the proviso that if the commitment is not obtained within that time period, then the contract shall immediately become null and void.

Plaintiffs…