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EVES v. BUREAU

13 A.D.3d 1004 (2004)

788 N.Y.S.2d 211

DEBRA A. EVES, Appellant, v. TRACEY A. BUREAU, as Executor of ALTA B. BEAN, Deceased, et al., Defendants and Third-Party Plaintiffs-Respondents. Daniel Madden, Third-Party Defendant-Respondent, et al., Third-Party Defendants.

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

December 30, 2004.

Spain, J.

On October 1, 2002, plaintiff entered into a contract with Alta B. Bean,* through her attorney-in-fact, defendant Robert E. Tompkins, to purchase a parcel of real property in the Town of Horicon, Warren County, for $162,000. The contract contained, among other provisions, a mortgage contingency clause which provided, in relevant part, that the contract "is contingent upon [plaintiff] obtaining a first mortgage commitment from...

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