Ingber v. Greco

— In an action for specific performance of a contract to sell real property, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Robbins, J.), dated March 10, 1987, as granted that branch of the defendant’s motion which was for summary judgment dismissing the complaint and denied his cross motion for summary judgment.

Ordered that the order is affirmed insofar as appealed from, with costs. The contract involved herein specifically provided that if the plaintiff purchaser was unable to procure a mortgage commitment within 35 days, "either party, by written notice…