TBS ENTERS., INC. v. DIME SAV. BANK OF NEW YORK


55 A.D.2d 910 (1977)

TBS Enterprises, Inc., et al., Respondents, v. Dime Savings Bank of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 17, 1977


Order modified, on the law, by adding to the first decretal paragraph thereof, after the word "denied", the following: "as to the counterclaim and granted as to the causes of action asserted in the complaint." As so modified, order affirmed insofar as appealed from, with $50 costs and disbursements to defendant.

We construe condition No. 17 of the construction loan commitment, requiring that no building loan advances be made unless 50% of the unit homes are sold,...

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