WALSH v. KELLY


49 N.Y.2d 959 (1980)

Mary E. Walsh, Plaintiff, v. Mae D. Kelly, Defendant. Mary E. Walsh, Respondent, v. John R. Voisey et al., as Executors of Mae D. Kelly, Deceased, Appellants.

Court of Appeals of the State of New York.

Decided April 24, 1980.


Attorney(s) appearing for the Case

Philip D. Jackson for appellants.

Salvatore A. Lecci for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In the contract of sale, the seller agreed that the sale was conditional on the purchaser's obtaining an FHA mortgage loan covering the premises. In the absence of any express provision to the contrary, the seller must be deemed to have agreed, as one aspect of her implied obligation not to interfere with or to prevent performance by the...

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