Legal Opinion

Elghanyan v. Mundy

Appellate Division of the Supreme Court of the State of New York

Decided March 18, 1996PublishedCited by 7 opinions

1Opinion of the Court

*655This appeal concerns the return of a deposit for the sale of real property. The plaintiff entered into a contract with the defendant Edward F. Mundy to purchase certain real property for $500,000. Accordingly, he placed a $35,000 deposit in an escrow account with the defendant Robert Wagner, the attorney for Mundy. The sale was conditioned on the plaintiff’s ability to secure a mortgage within a certain time frame. Pursuant to the terms of a rider to the contract, the plaintiff was required to "make a prompt and diligent application with a lending institution for a mortgage”. Failure to do so…

2Cases cited4 opinions

  1. Ruggeri v. BrennerAppellate Division of the Supreme Court of the State of New York · 1992
  2. Delsack v. CumellaAppellate Division of the Supreme Court of the State of New York · 1993
  3. Thebaud v. CallariAppellate Division of the Supreme Court of the State of New York · 1994
  4. Ratner v. ElovitzAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by7 opinions

  1. Big Apple Meat Market, Inc. v. FrankelAppellate Division of the Supreme Court of the State of New York · 2000
  2. Fallah v. HixAppellate Division of the Supreme Court of the State of New York · 2000
  3. Dobbins v. MossAppellate Division of the Supreme Court of the State of New York · 2003
  4. Ettienne v. HochmanAppellate Division of the Supreme Court of the State of New York · 2013
  5. Companion v. TouchstoneNew York Court of Appeals · 1996

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