Elghanyan v. Mundy
Appellate Division of the Supreme Court of the State of New York
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
- Ruggeri v. BrennerAppellate Division of the Supreme Court of the State of New York · 1992
- Delsack v. CumellaAppellate Division of the Supreme Court of the State of New York · 1993
- Thebaud v. CallariAppellate Division of the Supreme Court of the State of New York · 1994
- Ratner v. ElovitzAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by7 opinions
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- Fallah v. HixAppellate Division of the Supreme Court of the State of New York · 2000
- Dobbins v. MossAppellate Division of the Supreme Court of the State of New York · 2003
- Ettienne v. HochmanAppellate Division of the Supreme Court of the State of New York · 2013
- Companion v. TouchstoneNew York Court of Appeals · 1996
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