Contracts—Seller Entitled to Retain Down Payment—Purchasers Failed to Make Diligent Effort to Obtain Mortgage—Husband Failed to Apply for Mortgage—Wife Earned $1,300.00 Per Month and Sought Mortgage That Would Have Cost More Than $2,000.00 Per Month—Purchasers Blamed Mortgage Broker for Poor Advice
The plaintiff sellers moved for an order pursuant to CPLR §3212 dismissing the defendant purchasers’ counterclaim for failure to state an adequate cause of action and because it is barred by unclean hands and for an order cancelling a notice of pendency which had been filed by the defendants. The sellers also sought summary judgment against the purchasers, on the seller’s claim for release of a down payment which had been held in escrow.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
