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CHAHALIS v. ROBERTA EBERT IRREVOCABLE TRUST

2017-00699. Index No. 35204/15.

163 A.D.3d 623 (2018)

81 N.Y.S.3d 159

2018 NY Slip Op 05135

Gregg Chahalis, Respondent, v. Roberta Ebert Irrevocable Trust et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 11, 2018.

Ordered that the order is affirmed, with costs.

On May 21, 2015, the plaintiff entered into a contract of sale with the defendants to purchase a condominium located in Rockland County and tendered a down payment. The contract contained a mortgage contingency clause providing, inter alia,

[163 A.D.3d 624]
that the plaintiff's obligations under the contract were conditional upon him obtaining a mortgage commitment within a certain time period...

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