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DOWLING v. PIERRE GOHILL AM. CORP.

209 A.D.2d 774 (1994)

617 N.Y.S.2d 992

Joseph M. Dowling et al., as Conservators of Norma S. Munro, Appellants, v. Pierre Gohill America Corporation, Respondent. (And a Third-Party Action.)

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

November 3, 1994

White, J.

The dispositive issue on this appeal is whether Supreme Court erred in holding that defendant satisfied the terms of a mortgage contingency clause in the contract to purchase the real property of Norma S. Munro* and thereby was entitled to return of the down payment. We reject plaintiffs' contentions that applications made individually by the sole shareholder, officer and director of the corporation, as well as the...

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