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ALTMAN v. MESBAHI

1999 Mass. App. Div. 130 (1999)

Alan Altman v. Embarik Mesbahi, and another

Massachusetts Appellate Division, Northern District.

May 25, 1999.

Attorney(s) appearing for the Case

Barry M. Altman for the plaintiff.

Joseph S. Tangusso for the defendant.

Present: Merrick, P.J., Greco & Curtin, JJ.

Greco, J.

This is an action by plaintiff Alan Altman ("Altman"), as seller, to retain a $15,800.00 deposit paid by defendants Embarik and Aliza Mesbahi (the "Mesbahis") toward the purchase of a condominium in Boston. Altman has appealed the entry of summary judgment in the Mesbahis' favor.

The parties' July 28, 1997 purchase and sale agreement contained a mortgage contingency clause which required the Mesbahis to apply for "a conventional bank

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