DOBBINS v. MOSS


305 A.D.2d 534 (2003)

759 N.Y.S.2d 351

JEFFREY DOBBINS et al., Appellants, v. JOAN MOSS et al., Respondents.

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

Decided May 19, 2003.


Ordered that the order is affirmed insofar as appealed from, with costs.

In April 1999 the plaintiffs, Jeffrey Dobbins and Lorraine Mazzola (hereinafter the purchasers), entered into a contract to purchase real property owned by the defendant Joan Moss (hereinafter the seller). The contract contained a mortgage contingency clause, which stated, in pertinent part, that the purchasers' "obligations * * * are contingent upon the obtaining of a commitment for fixed rate...

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