Legal Opinion
Ettienne v. Hochman
Appellate Division of the Supreme Court of the State of New York
Decided April 10, 2013PublishedCited by 2 opinions
1Opinion of the Court
In a consolidated action, inter alia, to recover a down payment given pursuant to a contract for the sale of real property, the defendants appeal from an order of the Supreme Court, Kings County (Kramer, J.), dated July 11, 2011, which denied *806their motion, in effect, for summary judgment dismissing the cause of action to recover the down payment, and granted the plaintiffs’ cross motion, in effect, for summary judgment on the cause of action to recover the down payment.
Ordered that the order is affirmed, with costs.
Where a contract for the sale of real property contains a mortgage contingency…
2Cases cited11 opinions
- Sciales v. FoulkeAppellate Division of the Supreme Court of the State of New York · 1995
- Astrada v. ArcherAppellate Division of the Supreme Court of the State of New York · 2008
- Elghanyan v. MundyAppellate Division of the Supreme Court of the State of New York · 1996
- Hoft v. FrenkelAppellate Division of the Supreme Court of the State of New York · 2008
- Berholtz v. GeorgiouAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by2 opinions
- Jian Chen v. McKennaAppellate Division of the Supreme Court of the State of New York · 2020
- Berger v. MazzaroneAppellate Division of the Supreme Court of the State of New York · 2024