(DOWNLOAD) "Norgate Homes v. Central State Bank" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Norgate Homes v. Central State Bank
- Author : Supreme Court of New York
- Release Date : January 15, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
In an action for specific performance of a contract to sell real property, defendant appeals from so much of an order of the Supreme Court, Nassau County (Balletta, J.), dated September 19, 1980, as denied its motion for summary judgment as to the first cause of action. Order affirmed insofar as appealed from, with $50 costs and disbursements. Plaintiff entered into a contract, dated November 1, 1978, to purchase certain real property from the defendant. Paragraph 28 of the contract for the sale of the premises provided, in part: "In the event that Final Approval is not obtained by the Seller (but has not been denied) within nine (9) months of the date hereof, this Contract shall be terminated and deemed null and void, and the down payment refunded in full to the Purchaser. Notwithstanding anything to the contrary in the preceeding [sic] sentence, if Final Approval is not obtained within nine (9) months from the date hereof, the Purchaser, at its option and upon written notice to the Seller prior to the date on which this Contract would otherwise have terminated, may exercise three (3) successive extensions of time of three (3) months each during which time Seller may obtain Final Approval. Seller shall proceed expeditiously to attempt to obtain Final Approval. The cost of obtaining Final Approval shall be borne entirely by the Seller." "Final Approval" was specifically defined in the contract as: "final approval from the [82 A.D.2d 849 Page 850]