CARPENITO v. BALINT


145 A.D.2d 458 (1988)

Raymond Carpenito, Respondent, v. Florence Balint, Doing Business as 116 Burhans Co., Appellant

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

December 12, 1988


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendant's cross motion is granted, and the complaint is dismissed.

By a contract of sale dated August 12, 1986, the defendant agreed to sell and the plaintiff agreed to purchase a parcel of real property located in the City of Yonkers. Paragraph 25 of the rider to the contract provided that it was expressly conditioned upon the purchaser's obtaining a commitment for a conventional...

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