Altman v. Poughkeepsie Savings Bank

Appellate Division of the Supreme Court of New York

Altman v. Poughkeepsie Savings Bank

72 A.D.2d 552, 420 N.Y.S.2d 770, 1979 N.Y. App. Div. LEXIS 13619

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1979·Published·Cited by 1 cases

Opinion

In an action to recover a deposit paid under a contract to purchase real property, the defendant seller appeals from an order of the Supreme Court, Westchester County, dated December 22, 1978, which granted plaintiff’s motion for summary judgment. Order reversed, with $50 costs and disbursements, and motion denied. The affidavits at Special Term raise an issue of fact as to whether plaintiff’s efforts to obtain a mortgage loan had been sufficient to constitute due diligence (see Jered Contr. Corp. v New York City Tr. Auth., 22 NY2d 187; Johnson v Werner, 63 AD2d 422). Mollen, P. J., Hopkins, Titone and Mangano, JJ., concur.

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In an action to recover a deposit paid under a contract to purchase real property, the defendant seller appeals from an order of the Supreme Court, Westchester County, dated December 22, 1978, which granted plaintiff’s motion for summary judgment. Order reversed, with $50 costs and disbursements, and motion denied. The affidavits at Special Term raise an issue of fact as to whether plaintiff’s efforts to obtain a mortgage loan had been sufficient to constitute due diligence (see Jered Contr. Corp. v New York City Tr. Auth., 22 NY2d 187; Johnson v Werner, 63 AD2d 422). Mollen, P. J., Hopkins, Titone and Mangano, JJ., concur.

Altman v. Poughkeepsie Savings Bank, 72 A.D.2d 552, 420 N.Y.S.2d 770, 1979 N.Y. App. Div. LEXIS 13619 (N.Y. Ct. App. 1979).

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72 A.D.2d 552 (Altman v. Poughkeepsie Savings Bank) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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