COMBS v. LEWIS


159 A.D.2d 207 (1990)

J. Gerald Combs et al., Appellants, v. Marc Lewis et al., Respondents

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

March 1, 1990


Plaintiffs seek to demonstrate that their method of financing (secured by a due-on-demand mortgage) would have been rejected by the cooperative board, thus entitling them to terminate the agreement and obtain return of their down payment. By reviewing the financing arrangements of every other member of the cooperative, plaintiffs hope to prove that the rare, due-on-demand mortgage financing is totally foreign to this cooperative.

The IAS court permitted plaintiffs...

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