Firtell v. Crest Builders, Inc.

Order, Supreme Court, New York County (Helen E. Freedman, J.), entered January 12, 1989, which, after bench trial, awarded plaintiff judgment in the amount of his down payment, $53,250, unanimously affirmed, without costs.

The terms for the sale of these properties were drafted by seller’s attorney and required "purchaser, if he applies for financing, [t]o apply only for an adjustable rate loan with a no-income check verification.” The trial court properly rejected seller’s contention that purchaser’s failure to apply to a specific bank, with whom seller had a favorable relationship and…