FUNK v. SELIGSON, ROTHMAN & ROTHMAN, ESQS.

653514/16. 6878. 6877.

165 A.D.3d 429 (2018)

85 N.Y.S.3d 48

2018 NY Slip Op 06614

Neda Talebian Funk et al., Respondents, v. Seligson, Rothman & Rothman, Esqs., et al., Appellants.

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

Decided October 4, 2018.


Paragraph 25 (d) of the agreement between plaintiffs and Petit states, "If no Commitment is issued by the Institutional Lender on or before the Commitment Date, ... [plaintiffs] may cancel this contract ..., provided that ... [they] ha[ve] complied with all [their] obligations under this paragraph 25." In turn, plaintiffs' obligations under paragraph 25 included making a prompt application to one or more Institutional Lenders, pursuing such application with diligence, and...

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