Legal Opinion · Dissent
Kapur v. Stiefel
Appellate Division of the Supreme Court of the State of New York
Decided September 16, 1999Published
1DissentSaxe, J.
Having obtained a mortgage commitment pursuant to a contract to *604purchase a cooperative apartment, the purchaser, Mr. Kapur, then lost his job. He notified the lending bank of this change in his financial situation, and they responded by revoking their mortgage commitment to him. Mr. Kapur promptly notified the sellers of his inability to proceed without the bank’s commitment to provide mortgage funds to him and demanded the return of his $40,500 deposit. The sellers refused and this litigation began. On competing motions for summary judgment, the IAS Court granted the defendant-sellers’…
2Cases cited15 opinions
- Kel Kim Corp. v. Central Markets, Inc.New York Court of Appeals · 1987
- Maxton Builders, Inc. v. Lo GalboNew York Court of Appeals · 1986
- 407 East 61st Garage, Inc. v. Savoy Fifth Avenue Corp.New York Court of Appeals · 1968
- Lindenbaum v. Royco Property Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Creighton v. MilbauerAppellate Division of the Supreme Court of the State of New York · 1993
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