TESMER BUILDERS, INC. v. CIMATO


217 A.D.2d 953 (1995)

629 N.Y.S.2d 594

Tesmer Builders, Inc., Respondent, v. Anthony Cimato et al., Individually and Doing Business as Pino Alto Partners, Appellants

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

July 14, 1995


Order and judgment unanimously reversed on the law with costs, cross motion denied, motion granted and judgment ordered in accordance with the following Memorandum: Supreme Court erred in granting plaintiff's cross motion for summary judgment, finding that plaintiff is entitled to recover its down payment of $50,000. The parties entered into a contract for the sale of real property providing that "[a]ny closing date is predicated upon Purchaser being able to obtain a Building...

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