HSM REAL ESTATE, INC. v. DRAGON

No. 2011-03762.

94 A.D.3d 702 (2012)

941 N.Y.S.2d 512

2012 NY Slip Op 2456

HSM REAL ESTATE, INC., Respondent, v. KASHA DRAGON, Appellant.

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

Decided April 3, 2012.


Ordered that the order is affirmed, with costs.

"Generally, a buyer who breaches a contract by applying for a mortgage loan greater than the one required under the express terms of the contract is not entitled to recover his down payment" (Marx v Shustek, 226 A.D.2d 351, 352 [1996]; cf. Gorgoglione v Gillenson, 47 A.D.3d 472 [2008]).

The plaintiff seller established, prima...

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