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TSANG v. BRADY

206 A.D.2d 423 (1994)

616 N.Y.S.2d 198

Wing Shun Tsang, Respondent, v. Stuart Brady et al., Appellants

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

July 11, 1994

Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that the plaintiff established his entitlement to judgment as a matter of law (see, CPLR 3212; Berholtz v Georgiou, 184 A.D.2d 677). The plaintiff demonstrated by competent evidence that he signed a contract conditioned upon his obtaining a mortgage and, through no willful default, his application was denied. The defendants' unsubstantiated...

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