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TULI v. CABGRAM DEVS., LLC

Index No. 153164/20. Appeal No. 15192. Case No. 2021-01008.

202 A.D.3d 424 (2022)

158 N.Y.S.3d 565

2022 NY Slip Op 00643

Richard Tuli, M.D., Respondent, v. Cabgram Developers, LLC, Appellant.

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

Decided February 1, 2022.

Attorney(s) appearing for the Case

Stahl & Zelmanovitz, New York ( Joseph Zelmanovitz of counsel), for appellant.

Held & Hines, L.L.P., Brooklyn ( Uri Nazryan and Marc J. Held of counsel), for respondent.

Concur—Kern, J.P., Friedman, Singh, Scarpulla, Rodriguez, JJ.

"When a condition of a mortgage loan commitment is not fulfilled through no fault of the purchasers, their performance is excused, as long as they acted in good faith" (Lunning v 10 Bleecker St. Owners Corp., 160 A.D.2d 178, 178 [1st Dept 1990], lv denied 76 N.Y.2d 710 [1990]). Plaintiff's statements in affidavit form were sufficient to establish his prima facie case with respect to the question of his good faith pursuit of...

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