D'ANTHONY v. LENDER


262 A.D.2d 247 (1999)

693 N.Y.S.2d 535

MADELINE D'ANTHONY, Also Known as MADELINE DROEGE, Appellant, v. MARK S. LENDER, Respondent.

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

Decided June 29, 1999.


The trial court's decision after trial held that defendant seller was under no obligation to convey because plaintiff's failure to supply all necessary documentation requested by the coop's Board resulted in her never obtaining the Board's consent, a condition of the sale. The so-called "true contract" upon which plaintiff now relies, which, inter alia, allegedly deleted the provision conditioning the sale upon plaintiff's obtaining the

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