ROSENTHAL v. OAKES


41 A.D.3d 305 (2007)

837 N.Y.S.2d 564

DAVID ROSENTHAL et al., Respondents, v. JAMES OAKES et al., Appellants.

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

Decided June 26, 2007.


In light of the cooperative board's refusal to consent to plaintiffs' purchase of the subject apartment, plaintiffs were, pursuant to the terms of the parties' agreement, entitled to cancel the contract for the sale of the apartment and to the return of their escrowed down payment. The record does not indicate the reason for the board's refusal to give its consent, and defendant sellers have failed to come forward with any evidence

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