Miranda v. Jay Construction Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, and for specific performance of a contract to sell real property, the defendant appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), entered December 13, 2002, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
We agree with the defendant seller that the two mortgage commitments obtained by the plaintiff purchasers failed to comply with the requirements of the contract’s mortgage contingency clause, since they were both for a greater…
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