SBORDONE v. CLOUSE


207 A.D.2d 337 (1994)

616 N.Y.S.2d 209

Robert M. Sbordone, Appellant, v. Joseph T. Clouse et al., Respondents

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

August 1, 1994


Ordered that the order is reversed, on the law, with costs, and the defendants' motion is denied.

On or about August 29, 1991, the plaintiff entered into a contract with the defendants to purchase a condominium owned by the defendants. The contract was conditioned upon the plaintiff obtaining a mortgage commitment within 30 days of the agreement. The mortgage contingency clause also provided that the plaintiff was to "make immediate application for the aforesaid mortgage...

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