RICE, JR. v. BUIE


259 A.D.2d 360 (1999)

687 N.Y.S.2d 52

J. DONALD RICE, JR., et al., Appellants, v. RALPH M. BUIE et al., Respondents.

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

Decided March 18, 1999.


We affirm the determination that defendants are entitled to retain plaintiffs' down payment of $78,000, albeit not for the IAS Court's reason that plaintiffs had defaulted in responding to defendants' counterclaims for such relief. Plaintiffs applied for a mortgage of $990,000, far in excess of both the purchase price of $780,000 and the "first mortgage loan * * * of $600,000.00 or such lesser amount as Purchaser shall be willing to accept" called for in the contract's mortgage...

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