YITZHAKI v. SZTABEREK


38 A.D.3d 535 (2007)

831 N.Y.S.2d 267

MIRI YITZHAKI, Respondent, v. JANUSZ SZTABEREK, Appellant.

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

Decided March 6, 2007.


Ordered that on the court's own motion, the defendant's notice of appeal from a decision of the same court dated March 8, 2006, is deemed a premature notice of appeal from the order (see CPLR 5520 [c]); and it is further,

Ordered that the order is affirmed, with costs.

The plaintiff entered into a contract to purchase certain residential rental property from the defendant. The contract contained a mortgage contingency clause which provided that the...

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