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BUONOCORE v. DUBOIS

16 A.D.3d 359 (2005)

791 N.Y.S.2d 436

DARREN BUONOCORE, Respondent, v. DALENA DUBOIS et al., Appellants, et al., Defendant.

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

March 31, 2005.

"When a condition of a mortgage loan commitment is not fulfilled through no fault of the purchasers, their performance is excused, as long as they acted in good faith" (Lunning v 10 Bleecker St. Owners Corp., 160 A.D.2d 178 [1990], lv denied 76 N.Y.2d 710 [1990]). Plaintiff established his prima facie entitlement to judgment as a matter of law by adducing documentary evidence showing that he had sought a mortgage diligently...

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