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CONEYS v. GAME

141 A.D.2d 795 (1988)

Brian Coneys, Appellant, v. Cathleen Game et al., Respondents

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

June 27, 1988

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

We disagree with the determination of the Supreme Court, Kings County, that the defendant seller acted within her rights in canceling the contract (cf., Kramer v Palnagio, 128 A.D.2d 842, 843; Lieberman v Pettinato, 120 A.D.2d 646). The mortgage contingency clause was solely for the benefit...

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