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KATZ v. SIMON

216 A.D.2d 270 (1995)

627 N.Y.S.2d 763

Ala Katz et al., Appellants, v. Phyllis Simon, Respondent

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

June 5, 1995

Ordered that the judgment is reversed, on the law, with costs, and so much of the order dated October 6, 1993, as granted the defendant's motion for summary judgment is vacated, and that motion is denied.

The parties entered into a contract pursuant to which the plaintiffs agreed to purchase a residence owned by the defendant. The contract contained a mortgage contingency clause which provided, inter alia, that the...

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