Combs v. Lewis

Judgment, Supreme Court, New York County (Louise Gruner Gans, J.), entered August 12, 2002, which, after a nonjury trial, awarded plaintiff purchasers the return of their down payment in the sum of $67,500, together with interest at the statutory rate from January 28, 1986, unanimously affirmed, with costs.

The mortgage contingency clause provided that plaintiffs could cancel within five days if a commitment was not obtained by the date specified therein or “on Notice to Seller” if the other stated conditions respecting the mortgage to be obtained by the buyers were not met. By its plain…