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MIRANDA v. JAY CONSTRUCTION CORPORATION

2 A.D.3d 420 (2003)

767 N.Y.S.2d 799

TODD M. MIRANDA et al., Respondents, v. JAY CONSTRUCTION CORPORATION, Appellant.

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

December 1, 2003.

Ordered that the order is affirmed, with costs.

We agree with the defendant seller that the two mortgage commitments obtained by the plaintiff purchasers failed to comply with the requirements of the contract's mortgage contingency clause, since they were both for a greater amount than permitted by that clause, and were conditional, and therefore not "firm," as required by the contract (see 1550 Fifth Ave. Bay Shore v 1550 Fifth Ave., 297 A...

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