McKenna v. Case

Order unanimously reversed on the law without costs and motion granted. Memorandum: Special Term erred in denying plaintiffs motion for summary judgment for specific performance of a real estate contract. The parties entered into a contract whereby defendant agreed to sell certain real property to plaintiff "[sjubject to seller[’]s attorney’s approval within 5 days of acceptance.” Seller’s attorney subsequently disapproved the contract. Such disapproval would terminate plaintiffs rights under the contract (Norgate Homes v Central State Bank, 82 AD2d 849, 850; Youla v Rappaport, 115 NYS 2d…