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JANGANA v. COGAN

3247, 107716/08

76 A.D.3d 907 (2010)

907 N.Y.S.2d 670

JOSEPH JANGANA et al., Respondents, v. ARLINE COGAN, Appellant.

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

Decided September 23, 2010.

The terms of the contract provide that in the event the cooperative board (Board) refused to provide its unconditional consent to the sale of defendant's apartment to plaintiffs, plaintiffs were entitled to the return of their escrowed down payment, unless the Board's refusal was due to plaintiffs' bad faith.

Here, following plaintiffs' prima facie showing of entitlement to judgment as a matter of law, defendant failed to...

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