WHEELER v. GRIEG


224 A.D.2d 209 (1996)

637 N.Y.S.2d 394

Morris H. Wheeler et al., Respondents, v. Arthur W. Grieg, Defendant, and Martha Siegler, Appellant

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

February 6, 1996


The mortgage contingency clause in the standard form contract for the sale of a cooperative apartment was not deleted and, in fact, a mortgage amount was set forth therein. The language in the rider to the contract, relied upon by defendant-appellant seller, does not clearly provide that the closing would take place on an all cash basis if the purchasers did not obtain the mortgage. Accordingly, there being no conflict or inconsistency between the standard form contract and...

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