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FUSCO v. PARK 900 CONDO.

162 A.D.2d 242 (1990)

Louis Fusco, Jr., Appellant, v. Park 900 Condominium, Respondent, et al., Defendants

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

June 14, 1990

Plaintiff, Louis Fusco, Jr., entered into an agreement with defendant Park 900 Condominium (Park 900) for the assignment of Park 900's option to acquire a condominium unit through the exercise of its right of first refusal. In the event that plaintiff's lending institution failed to close on its mortgage loan to plaintiff in connection with plaintiff's purchase of the unit "for any reason not due to Buyer [plaintiff]", the funds (previously) advanced by plaintiff were to...

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