Lindenbaum v. Royco Property Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Rubin, J.
In dispute on this appeal is whether the issuance by a mortgage lender of a loan commitment, subject to a condition, precludes the purchaser from avoiding his contractual obligations in reliance upon the mortgage contingency clause of the purchase agreement. Defendant appeals from an order denying its motion to dismiss the complaint and awarding plaintiffs summary judgment for moneys advanced upon the contract.
The facts are not in dispute. Plaintiffs executed a printed agreement, prepared by defendant seller, for the purchase of a condominium unit located at 150…
2Cases cited9 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Wood v. . Duff-GordonNew York Court of Appeals · 1917
- Paz v. Singer Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Stendig, Inc. v. Thom Rock Realty CompanyAppellate Division of the Supreme Court of the State of New York · 1990
- Kressel, Rothlein & Roth v. GallagherAppellate Division of the Supreme Court of the State of New York · 1989
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- In Re Best Products Co., Inc.United States Bankruptcy Court, S.D. New York · 1994
- Rachmani Corp. v. 9 East 96th Street Apartment Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Ruttenberg v. Davidge Data Systems Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Bank of New York Mellon Trust Co. v. Morgan Stanley Mortgage Capital, Inc.Court of Appeals for the Second Circuit · 2016
- Curtis Properties Corp. v. Greif Co.Appellate Division of the Supreme Court of the State of New York · 1995
26 more not listed; retrieve them via the Exa API.