SIBINGA v. INGENITO


306 A.D.2d 457 (2003)

761 N.Y.S.2d 843

NICHOLAS E.S. SIBINGA et al., Respondents, v. ANN M. INGENITO et al., Appellants.

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

Decided June 23, 2003.


Ordered that the judgment is reversed, on the law, with costs, so much of the order dated March 14, 2002, as granted the plaintiffs' motion for summary judgment is vacated, and that motion is denied.

The parties entered into a contract whereby the defendants were to sell certain real property to the plaintiffs. The mortgage contingency clause of the contract provided that within seven days of receipt of a fully-executed contract of sale, the plaintiffs were to apply...

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