Young v. Leger

—Order unanimously modified on the law and as modified affirmed without costs and judgment ordered in accordance with the following Memorandum: Supreme Court erred in denying defendants’ cross motion seeking summary judgment dismissing the complaint and judgment on the counterclaim. Defendants agreed to purchase real property from plaintiffs. The sales contract contains a mortgage contingency clause providing that, if defendants are unable to obtain a mortgage commitment by September 8, 1998, either party “may cancel [the] contract by written notice to the other.” The mortgage commitment was…