[DOWNLOAD] "Miranda v. Jay Construction Corp." by Supreme Court of the State of New York Appellate Term: 9Th And 10Th Judicial Districts # eBook PDF Kindle ePub Free

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eBook details

• Title: Miranda v. Jay Construction Corp.
• Author : Supreme Court of the State of New York Appellate Term: 9Th And 10Th Judicial Districts
• Release Date : January 09, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

Plaintiffs commenced this action in Supreme Court, Suffolk County, for specific performance of a real estate contract in which defendant, a developer of single family homes, agreed to convey to plaintiffs a specific lot following construction of a dwelling thereon in accordance with the specifications and plans provided by plaintiffs. Prior to trial, defendant moved for summary judgment. The Supreme Court, by order entered December 13, 2001, denied defendants motion. On appeal, the Appellate Division affirmed the order (2 AD3d 420 [2003]). While holding that plaintiffs two mortgage commitments did not satisfy the mortgage contingency clause of the contract of sale, as they were not firm, the Appellate Division noted that a triable issue of fact existed as to whether defendants conduct evinced an intent to waive its right to cancel the contract based upon plaintiffs failure to satisfy the mortgage contingency clause. The matter was thereafter removed from the Supreme Court, Suffolk County, to the County Court, Suffolk County, pursuant to CPLR 325 (d). Following the trial, the court concluded that defendant did not waive its right to terminate the contract based on plaintiffs non-compliance with the mortgage contingency clause.

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