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Real Property Law
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Questions of Fact About Compliance With Mortgage Contingency Clause
Berger v. Mazzarone
2024 WL 4498173
AppDiv, Second Dept.
(memorandum opinion)
In buyer’s action to recover a down payment, buyer appealed from Supreme Court’s grant of summary judgment to seller. The Appellate Division reversed, holding that questions of fact remained about buyer’s compliance with the mortgage contingency clause in the sale contract.
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