ABELY v. HAYDEN


155 A.D.2d 254 (1989)

John K. Abely, Appellant-Respondent, v. Richard M. Hayden et al., Respondents, and Claire F. O'Brien, Respondent-Appellant

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

November 9, 1989


Plaintiff buyer and defendant seller entered into a contract for the sale of a cooperative apartment, plaintiff making a down payment of $59,000, 10% of the purchase price, to be held by defendant's attorneys in an interest-bearing escrow account pending the closing. Under paragraph 6, the contract was subject to the approval of the co-op's board of directors and was to be deemed canceled if such approval was refused. The board refused to approve the contract when plaintiff...

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