PALAZZO v. SUSAN MANOR CORP.


21 Misc.2d 97 (1959)

Mario Palazzo et al., Plaintiffs, v. Susan Manor Corp., Defendant.

Supreme Court, Special Term, Kings County.

November 30, 1959.


Attorney(s) appearing for the Case

Perelstein & Perelstein for plaintiffs.

Bernard W. Nelson for defendant.


WALTER R. HART, J.

The parties hereto, on September 4, 1956, entered into an agreement for the sale of real property. Pursuant thereto plaintiff deposited $1,000 as a down payment. The contract provided that in the event "the lending institution and/or V. A. and/or F. H. A." refused approval of the application of a $12,700 mortgage, on terms described in the contract, it was to become void and the deposit returned.

In the affidavits submitted...

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