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CREIGHTON v. MILBAUER

191 A.D.2d 162 (1993)

594 N.Y.S.2d 185

Joann Creighton, Respondent, v. Karen Milbauer et al., Appellants

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

March 2, 1993

Plaintiff brought this action to recover $11,500 advanced as a down payment on the purchase of a condominium apartment owned by defendant Karen Milbauer. The other defendants are alleged to hold the funds as escrow agents. Plaintiff seeks relief pursuant to the mortgage contingency clause of the contract of sale based upon her failure to obtain the necessary financing.

Following joinder of issue, defendants moved for summary...

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