SANJANA v. KING

9252, 153650/17.

172 A.D.3d 476 (2019)

101 N.Y.S.3d 289

2019 NY Slip Op 03665

Jujo U. Sanjana et al., Appellants, v. James King et al., Respondents.

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

Decided May 9, 2019.


Pursuant to the express terms of their real estate purchase contract with defendant sellers, plaintiff purchasers were obligated, if they had not obtained financing by a certain date, to cancel the contract within five business days of that date, in which event their down payment would be refunded to them, or seek an extension or find other financing. Although plaintiffs did none of these things, they argue that they are nonetheless entitled to the return of their down payment...

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