BRESCIA v. ABAD


154 A.D.2d 325 (1989)

Ben Brescia, Appellant, v. Leopoldo Abad et al., Respondents

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

October 2, 1989


Ordered that the judgment is affirmed, with costs.

The contract for sale entered into by the parties contained a mortgage contingency clause whereby the contract would be deemed canceled if the purchaser failed to secure a firm mortgage commitment within the specific time period. Since the plaintiff purchaser failed to obtain a mortgage commitment within the period specified, the defendant sellers had the authority to cancel the contract and return the purchaser's...

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