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AUSTIN v. CANBAR ASSOCS., INC.

175 A.D.2d 195 (1991)

Mary L. Austin, Individually and as Administratrix of The Estate of Michael Austin, Deceased, Respondent, v. Canbar Associates, Inc., Appellant, et al., Defendant

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

July 15, 1991

Ordered that the judgment is affirmed, with costs.

The plaintiff Mary Lou Austin and her husband Michael Austin entered into a contract for the purchase of a condominium unit being built by the defendant Canbar Associates, Inc. (hereinafter Canbar). Pursuant to its express terms, the parties' contract provided that it was the responsibility of Canbar to obtain a mortgage commitment for the plaintiff. The mortgage contingency...

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