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INGBER v. GRECO

135 A.D.2d 610 (1987)

Norman Ingber, Appellant, v. Vincent Greco et al., Respondents

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

December 14, 1987

Ordered that the order is affirmed insofar as appealed from, with costs.

The contract involved herein specifically provided that if the plaintiff purchaser was unable to procure a mortgage commitment within 35 days, "either party, by written notice to the other, may cancel this contract". The plaintiff's unilateral attempted waiver of this clause by his offer to proceed on an all-cash basis after he failed to obtain the...

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