SUPER v. LUX


159 A.D.2d 203 (1990)

Stuart Super, Appellant, v. August M. Lux, Respondent

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

March 1, 1990


Plaintiff as seller and defendant as purchaser entered into a written contract for the sale of certain property located in Westhampton Beach. The contract was contingent on purchaser obtaining a mortgage from a lending institution of his choice. Purchaser made prompt application to a bank which denied him a mortgage on the ground that the property was in a flood-hazard area. Following written notice that a bank had rejected the purchaser's application the seller offered to...

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