CORTESI v. R & D CONSTR. CORP.


137 A.D.2d 901 (1988)

Susan Cortesi et al., Respondents, v. R & D Construction Corporation et al., Appellants

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

February 18, 1988


Mahoney, P. J.

In November 1983, the parties signed a contract for the construction and sale of a home. The contract specified April 30, 1984 as the closing date. There was also a mortgage contingency clause which gave plaintiffs 45 days to notify defendants of their inability to obtain financing. Upon such notice, the contract would be canceled and plaintiffs would be entitled to a refund of all but $500 of their down payment. On December 13, 1983, plaintiffs...

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