MD3 HOLDINGS LLC v. BUERKLE

1421 CA 17-01123.

159 A.D.3d 1483 (2018)

72 N.Y.S.3d 310

2018 NY Slip Op 01836

MD3 HOLDINGS LLC, Respondent, v. AUGUST BUERKLE, Appellant.

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

Decided March 16, 2018.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is denied and the third and fourth ordering paragraphs are vacated.

Memorandum: Defendant contracted to purchase plaintiff's commercial building in the Town of DeWitt, Onondaga County. The contract included a standard mortgage contingency provision, and a bank subsequently issued defendant a conditional...

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