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HSM REAL ESTATE, INC. v. KHAN

2009-05899

71 A.D.3d 733 (2010)

895 N.Y.S.2d 744

HSM REAL ESTATE, INC., Respondent, v. HAFEEZ KHAN et al., Appellants.

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

Decided March 9, 2010.

Ordered that the judgment is affirmed, with costs.

The plaintiff made a prima facie showing that the defendants failed to promptly apply for, and diligently pursue, a mortgage loan, as required by the mortgage contingency provision of the parties' real estate sales contract (see generally Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]; cf. Binks v Farooq, ...

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