Cortesi v. R & D Construction Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMahoney, P. J.
Appeal from an order of the Supreme Court (Kahn, J.), entered February 13, 1987 in Albany County, which, inter alia, granted plaintiffs’ motion for summary judgment.
In November 1983, the parties signed a contract for the construction and sale of a home. The contract specified April 30, 1984 as the closing date. There was also a mortgage contingency clause which gave plaintiffs 45 days to notify defendants of their inability to obtain financing. Upon such notice, the contract would be canceled and plaintiffs would be entitled to a refund of all but $500 of their down payment. On December 13,…
2Cases cited3 opinions
- Beacon Terminal Corp. v. Chemprene, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Millet v. SlocumAppellate Division of the Supreme Court of the State of New York · 1957
- Millet v. SlocumNew York Court of Appeals · 1958
3Cited by7 opinions
- Patsis v. NicoliaAppellate Division of the Supreme Court of the State of New York · 2014
- Benipal v. HerathAppellate Division of the Supreme Court of the State of New York · 1998
- Cortesi v. R & D Construction Corp.New York Court of Appeals · 1988
- Tejani v. Allied Princess Bay Co.Appellate Division of the Supreme Court of the State of New York · 1994
- Mary Matthews Interiors, Inc. v. LevisAppellate Division of the Supreme Court of the State of New York · 1994
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