LOPER v. O'ROURKE


86 Misc.2d 441 (1976)

George Loper et al., Plaintiffs, v. Bartholomew J. O'Rourke, Defendant.

District Court of Suffolk County, First District.

April 19, 1976


Attorney(s) appearing for the Case

Flower & Plotka for plaintiff. Daniel Luciano for defendant.


PAUL CREDITOR, J.

These are cross motions for summary judgment. On November 7, 1974, plaintiffs contracted with Carolyn Reader for the sale of her home at 28 DeKalb Avenue, Brentwood. Her attorney, who is the defendant here, held plaintiff's deposit of $2,000 in escrow pending closing of title, pursuant to the terms of the sale contract. The contract is conditioned upon the buyers' obtaining an FHA mortgage...

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