Bobrowsky v. Landes
Opinion of the Court
In our view, the affidavit of the plaintiff Charles Bobrowsky and the accompanying exhibits submitted to Special Term in support of the plaintiffs’ motion for summary judgment established that there was no willful breach of the contract of sale by virtue of the fact that the proposed mortgagee, which had issued a mortgage commitment within the time specified in
Based upon the foregoing, we need not address whether the liquidated damages provision contained in the contract of sale was enforceable, since, by its terms, it only became effective in the event of the plaintiffs’ willful default. Mollen, P. J., Mangano, Niehoff and Weinstein, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.