ARNOLD v. BIRNBAUM


193 A.D.2d 710 (1993)

598 N.Y.S.2d 68

Jo Ann Arnold et al., Respondents, v. Adele Birnbaum et al., Appellants

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

May 17, 1993


Ordered that the judgment is reversed, on the law, with costs, the plaintiffs' motion for summary judgment is denied, the defendants' cross motion for summary judgment is granted, and the complaint is dismissed.

The plaintiffs and the defendants Adele and Abraham Birnbaum (hereinafter the defendant sellers) entered into a written contract for the sale to the plaintiffs of a residential condominium unit. The contract was conditioned on the plaintiffs' obtaining a ...

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