FALK v. GOODMAN


7 N.Y.2d 87 (1959)

David Falk et al., Respondents, v. Meyer F. Goodman, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1959.


Attorney(s) appearing for the Case

Meyer F. Goodman and Paul Edwin Kast for appellant.

Julius Siegel for respondents.

Chief Judge CONWAY and Judges FULD, FROESSEL, VAN VOORHIS and BURKE concur with Judge DYE; Judge DESMOND dissents in a separate opinion.


DYE, J.

In this action to recover a deposit made in connection with a contract for the purchase and sale of a dwelling, the plaintiffs have a judgment in their favor entered on an order granting a motion for summary judgment (Rules Civ. Prac., rule 113).

According to the complaint, the contract of purchase and sale was conditioned on the plaintiffs' ability to obtain a bank commitment and Federal Housing...

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