Contrary to the IAS court's finding that plaintiff seller had an affirmative obligation to have the necessary mortgage assumption papers or the presence of the mortgagee at the closing, the defendant buyer's own closing agenda, prepared and transmitted to plaintiff's attorney on September 16, 1998 in anticipation of a prior mutually rescheduled closing date of September 18, 1998, specified that the consent of the mortgagee to the assumption of the loan by the buyer and the...
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