Ordered that the order is affirmed, with costs.
On May 20, 2003, the plaintiff, as purchaser, and the defendant, as seller, entered into a contract for the sale of certain real property. Paragraph 27 of the contract was a mortgage contingency clause providing that the contract was "subject to and conditioned upon" the plaintiff purchaser "obtaining a firm mortgage commitment for a conventional mortgage of $1,010,000.00 . . . within thirty (30) days from the date of...
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