OUIMET v. FITZSIMMONS

507102

68 A.D.3d 1507 (2009)

2009 NY Slip Op 9584

892 N.Y.S.2d 248

BARRY B. OUIMET et al., Respondents, v. RITA A. FITZSIMMONS, Appellant.

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

Decided December 24, 2009.


Kavanagh, J.

Defendant, age 85, and her husband owned a 138.5-acre family farm in the Town of Malone, Franklin County. After defendant's husband died in June 2006, defendant met with plaintiffs and, after some negotiations, agreed to sell the farm to them for $150,000. In the weeks that followed, plaintiffs sought to obtain financing for the purchase of the property, but were only able to obtain a prequalification commitment from a mortgage company for a loan in the...

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