GAMMAL v. LA CASITA MILTA, INC.


5 A.D.3d 630 (2004)

774 N.Y.S.2d 771

CHARLES GAMMAL et al., Respondents, v. LA CASITA MILTA, INC., Appellant.

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

March 22, 2004.


Ordered that the amended judgment is affirmed, with costs.

The plaintiff purchasers commenced this action to compel the specific performance of a contract for the sale of real property. The defendant seller asserted that it properly cancelled the contract because the plaintiffs failed to secure a mortgage commitment within the time period set forth in the contract. However, the contract did not provide the defendant with the option of cancelling the contract if the...

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