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Rosenthal v. Oakes

Appellate Division of the Supreme Court of New York, First Department
Jun 26, 2007
41 A.D.3d 305 (N.Y. App. Div. 2007)

Opinion

No. 1251.

June 26, 2007.

Order, Supreme Court, New York County (Michael D. Stallman, J.), entered January 3, 2007, which, inter alia, granted plaintiffs' motion for summary judgment, and directed that the escrow agent return to them their down payment for the purchase of the subject cooperative apartment, unanimously affirmed, without costs.

Peter Axelrod Associates, P.C., New York (Osman Dennis of counsel), for appellants.

Kenneth J. Glassman, New York, for respondents.

Before: Friedman, J.P., Marlow, Nardelli, Buckley and Kavanagh, JJ.


In light of the cooperative board's refusal to consent to plaintiffs' purchase of the subject apartment, plaintiffs were, pursuant to the terms of the parties' agreement, entitled to cancel the contract for the sale of the apartment and to the return of their escrowed down payment. The record does not indicate the reason for the board's refusal to give its consent, and defendant sellers have failed to come forward with any evidence that the refusal was attributable to bad faith conduct on plaintiffs' part ( see Corazza v Jacobs, 277 AD2d 52).


Summaries of

Rosenthal v. Oakes

Appellate Division of the Supreme Court of New York, First Department
Jun 26, 2007
41 A.D.3d 305 (N.Y. App. Div. 2007)
Case details for

Rosenthal v. Oakes

Case Details

Full title:DAVID ROSENTHAL et al., Respondents, v. JAMES OAKES et al., Appellants

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 26, 2007

Citations

41 A.D.3d 305 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 5547
837 N.Y.S.2d 564

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