28 PROPERTIES, INC. v. AKLEH REALTY CORP.


309 A.D.2d 632 (2003)

766 N.Y.S.2d 18

28 PROPERTIES, INC., Appellant, v. AKLEH REALTY CORP. et al., Respondents, et al., Defendant.

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

Decided October 21, 2003.


Defendant sellers failed to schedule a closing, alleging that plaintiff lacked sufficient funds to acquire the subject premises despite plaintiff's letter notification that it was ready, willing and able to proceed with the contract of sale. The IAS court found a factual question as to whether plaintiff gave timely notice of its decision to waive a mortgage contingency provision. However, there is no indication in the record that...

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