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LIEBERMAN v. PETTINATO

126 Misc.2d 215 (1984)

Shaye Lieberman, Plaintiff, v. Charles Pettinato et al., Defendants.

Supreme Court, Special Term, Kings County.

October 30, 1984

Attorney(s) appearing for the Case

Jacob F. Suslovich for plaintiff. Vincent T. D'Ambrosio for defendant and third-party plaintiff. Kuslansky & Dorfman for third-party defendant.

NICHOLAS A. CLEMENTE, J.

On March 26, 1981, plaintiff Shaye Lieberman entered into a contract with defendants Pettinato to purchase their house located at 1714 60th Street, Brooklyn, New York. The contract provided for a purchase price of $125,000 and plaintiff tendered a $5,000 deposit. Paragraph 28 of the rider to the contract stated that: "28. This deal is conditioned upon the ability of the purchaser to obtain a conventional mortgage loan in the sum...

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