ALTER v. LEVINE


57 A.D.3d 923 (2008)

870 N.Y.S.2d 464

DANIEL S. ALTER, Appellant, v. RICHARD H. LEVINE et al., Respondents.

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

December 30, 2008.


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

Pursuant to the terms of the subject contract, in the event the cooperative board (hereinafter the board) refused to approve the defendants' purchase of the apartment in question, the defendants were entitled to the return of their escrowed down payment, unless the board's refusal was due to the defendants' bad faith. The complaint, which, among other

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