Lieberman v. Pettinato

OPINION OF THE COURT

Nicholas A. Clemente, J.

On March 26, 1981, plaintiff Shaye Lieberman entered into a contract with defendants Pettinato to purchase their house located at 1714 60th Street, Brooklyn, New York. The contract provided for a purchase price of $125,000 and plaintiff tendered a $5,000 deposit. Paragraph 28 of the rider to the contract stated that: “28. This deal is conditioned upon the ability of the purchaser to obtain a conventional mortgage loan in the sum of $90,000.00 at prevailing rates of interest at the time of closing. If a commitment for such a loan is not obtained…