Maldonado v. Moore

— Order unanimously reversed on the law without costs and summary judgment granted to defendants dismissing complaint. Memorandum: The court erred in granting summary judgment to plaintiffs. Instead, summary judgment dismissing the complaint should have been granted to defendants. Defendants had agreed to purchase real property from plaintiffs. The contract provided that, if the purchasers were unable to obtain a mortgage commitment by November 20, 1985, either party could cancel in writing without further liability, and it prohibited oral modification. It is uncontroverted that no mortgage…