FIRTELL v. CREST BUILDERS, INC.


159 A.D.2d 352 (1990)

Ira Firtell, Respondent, v. Crest Builders, Inc., et al., Appellants

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

March 20, 1990


The terms for the sale of these properties were drafted by seller's attorney and required "purchaser, if he applies for financing, [t]o apply only for an adjustable rate loan with a no-income check verification." The trial court properly rejected seller's contention that purchaser's failure to apply to a specific bank, with whom seller had a favorable relationship and history, constituted a breach of the contract. The quoted provision should be interpreted in accordance with...

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