GASTON v. ESTRADA


40 A.D.3d 580 (2007)

835 N.Y.S.2d 370

MARIE J. GASTON et al., Respondents, v. RAYMOND ESTRADA et al., Appellants.

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

Decided May 1, 2007.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the defendants' motion which was for summary judgment dismissing the complaint. The record reveals that after the plaintiffs failed to close title on the subject property on March 17, 2003, the plaintiffs nevertheless applied for mortgage financing and secured a letter of commitment therefor; the defendants thereafter permitted them to conduct...

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