ZELLNER v. TARNELL


65 A.D.3d 1335 (2009)

885 N.Y.S.2d 745

RONALD ZELLNER et al., Respondents, v. PAUL TARNELL et al., Appellants.

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

Decided September 29, 2009.


Ordered that the order is reversed, on the law, with costs, the plaintiffs' motion is denied, and that branch of the defendants' cross motion which was for summary judgment on the first counterclaim is granted.

The plaintiffs entered into a contract to sell residential real property in Westchester County to the defendants. The contract contained a mortgage commitment contingency clause. Paragraph five of the second rider...

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