JOHNSON v. WERNER


63 A.D.2d 422 (1978)

Carl Johnson et al., Respondents, v. Lillian Werner, Appellant

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

July 18, 1978


Attorney(s) appearing for the Case

Michael M. Platzman for appellant.

Howard Maizes for respondents.

EVANS, J. P., LYNCH and SANDLER, JJ., concur; MARKEWICH, J., concurs in the result.


SULLIVAN, J.

This is an appeal from the grant of summary judgment to the purchasers who sue to recover the deposit made on a contract for the purchase of realty. On the signing of the contract, the purchasers tendered a deposit of $3,700 against a purchase price of $37,000. The contract was made expressly subject to the following condition: "This contract is conditional upon the purchasers' ability to obtain...

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