ALIRKAN v. GARCIA


162 A.D.2d 571 (1990)

Miriam Alirkan et al., Appellants, v. Thelma Garcia, Respondent

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

June 18, 1990


Ordered that the order and judgment is affirmed, with costs.

The plaintiff buyers entered into a contract to purchase the subject property from the defendant. The contract contained a mortgage contingency clause requiring the plaintiffs to obtain a firm mortgage commitment within a 45-day period. When the plaintiffs failed to do so, they mailed a letter within the three-day period allowed for giving notice, requesting an extension of the contingency clause or a cancellation...

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