Diaz v. Rodriguez

Appellate Division of the Supreme Court of New York

Diaz v. Rodriguez

11 A.D.3d 258, 782 N.Y.S.2d 448, 2004 N.Y. App. Div. LEXIS 11819

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 12, 2004

StatusPublished

This text of 11 A.D.3d 258 (Diaz v. Rodriguez) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Diaz v. Rodriguez, 11 A.D.3d 258, 782 N.Y.S.2d 448, 2004 N.Y. App. Div. LEXIS 11819 (N.Y. Ct. App. 2004).

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Opinion

Order, Supreme Court, Bronx County (Stanley Green, J.), entered July 8, 2003, which denied plaintiffs’ motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiffs defaulted when they failed to notify defendant as to their ability to obtain a mortgage by the deadline and proceed to closing. In light of that breach of contract, they were not entitled to recover their down payment (see Maxton Bldrs. v Lo Galbo, 68 NY2d 373 [1986]).

We have considered plaintiffs’ remaining contentions and find them without merit. Concur—Buckley, P.J., Nardelli, Andrias, Saxe and Lerner, JJ.

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Order, Supreme Court, Bronx County (Stanley Green, J.), entered July 8, 2003, which denied plaintiffs’ motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiffs defaulted when they failed to notify defendant as to their ability to obtain a mortgage by the deadline and proceed to closing. In light of that breach of contract, they were not entitled to recover their down payment (see Maxton Bldrs. v Lo Galbo, 68 NY2d 373 [1986]).

We have considered plaintiffs’ remaining contentions and find them without merit. Concur—Buckley, P.J., Nardelli, Andrias, Saxe and Lerner, JJ.

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Bluebook (online)

11 A.D.3d 258, 782 N.Y.S.2d 448, 2004 N.Y. App. Div. LEXIS 11819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diaz-v-rodriguez-nyappdiv-2004.

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