Opinion
June 27, 1994
Appeal from the Supreme Court, Kings County (Dowd, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
Contrary to the appellants' claim, there was ample evidence that their bad faith resulting in their loss of a mortgage commitment warranted the forfeiture of their downpayment on the contract of sale (see, Falk v. Goodman, 7 N.Y.2d 87, 90; BTS, Inc. v. Webny Corp., 157 A.D.2d 638, 639; Silva v. Celella, 153 A.D.2d 847, 848). The plaintiffs, by letter dated May 28, 1991, specified that time was of the essence and directed a June 10, 1991, closing date. That notice was reasonable (see, Mohen v Mooney, 162 A.D.2d 664, 665; Sohayegh v. Oberlander, 155 A.D.2d 436; Zev v. Merman, 134 A.D.2d 555, 557, affd 73 N.Y.2d 781). Bracken, J.P., Miller, Copertino and Hart, JJ., concur.