Charlay v. Northeast Savings

Appeal from an order of the Supreme Court (McDermott, J.), entered November 5, 1990 in Albany County, which denied defendant’s motion for summary judgment dismissing the complaint.

Plaintiffs applied to defendant for a mortgage in connection with their purchase of a residence in the City of Albany. On September 9, 1985, defendant issued its written commitment approving the application upon the express condition, among others, that plaintiffs provide evidence at closing to confirm the sale of their present residence. Plaintiffs accepted the commitment. Plaintiffs never obtained a purchaser for…