Buxton v. Streany

*1037In support of their motion for summary judgment on the complaint, the plaintiffs, as the purchasers of real property pursuant to a contract of sale, made a prima facie showing that their cancellation of the contract of sale was proper (see Garber v Giordano, 16 AD3d 454, 455 [2005]; Sciales v Foulke, 217 AD2d 693, 694 [1995]) by submitting proof of their diligent, timely, and good faith efforts to secure a mortgage pursuant to the terms of the contract of sale. They established that neither of the appraisals they obtained was as high as the contract price. After HSBC Bank USA, N.A., declined…