Super v. Lux

Order of the Supreme Court, New York County (Herman Cahn, J.), entered on or about December 1, 1988, which granted defendant’s motion to dismiss plaintiffs complaint and for summary judgment on defendant’s counterclaim and which denied plaintiffs motion for summary judgment, is unanimously affirmed, without costs.

Plaintiff as seller and defendant as purchaser entered into a written contract for the sale of certain property located in Westhampton Beach. The contract was contingent on purchaser obtaining a mortgage from a lending institution of his choice. Purchaser made prompt application to a…