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COMBS v. LEWIS

1 A.D.3d 236 (2003)

767 N.Y.S.2d 425

J. GERALD COMBS et al., Respondents, v. MARC LEWIS et al., Appellants.

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

November 20, 2003.

The mortgage contingency clause provided that plaintiffs could cancel within five days if a commitment was not obtained by the date specified therein or "on Notice to Seller" if the other stated conditions respecting the mortgage to be obtained by the buyers were not met. By its plain language, the latter portion of the contingency clause did not contain a specific deadline for notice. Where no specific deadline is provided in a mortgage contingency clause, a reasonable...

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