LIVOTI v. MALLON


81 A.D.2d 533 (1981)

Frank J. Livoti et al., Respondents, v. Mary J. Mallon, Appellant

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

April 16, 1981


The action was transferred to this court by the Appellate Division, Second Department, and we affirm, without costs. A rider to the sale contract provides as follows: "If Purchasers, after due diligence, shall fail to obtain a firm commitment within the specified time, then either party, on due written notice to the other, may cancel this contract." It is the seller's contention that a "firm commitment" was not obtained because, although the bank gave a commitment, by its...

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