BARKON REALTY CORP. v. M.J.D. MGMT. CORP.


217 A.D.2d 505 (1995)

629 N.Y.S.2d 762

Barkon Realty Corp., Appellant-Respondent, v. M.J.D. Management Corporation, Respondent-Appellant, and Win Restaurant Equipment and Supply Corp. et al., Respondents

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

July 27, 1995


This is an action for, inter alia, specific performance of a real estate purchase contract. The court erred in holding that the seller had a right to cancel the contract based upon the purchaser's failure to comply with the provisions of a mortgage contingency clause. Paragraph 2 (d) (iv) of the contract states that provided the purchaser has fulfilled its obligations under the mortgage contingency clause, the purchaser shall...

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