MADEMANN v. WALTHER


124 A.D.2d 965 (1986)

Paul J. Mademann, Respondent, v. John P. Walther et al., Appellants

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

November 26, 1986


Yesawich, Jr., J.

We differ with Special Term's opinion only to the extent that we would not characterize the plaintiff buyer's insertion of the mortgage contingency clause in the formal contract prepared by defendants' counsel as a substantial modification of the terms of the valid and enforceable binder agreement previously entered into by the parties. The record discloses that plaintiff, and counsel on his behalf, made known to defendants and their...

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