Majority
p. 1014Anthony J. Fumerelle et al., Respondents, v Performance Rides, Inc., et al., Appellants.
Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted summary judgment to plaintiffs. The agreement for the sale of the laundromat business to plaintiffs provides: "Contract subject to assuming or negotiating lease acceptable to purchasers.” The record establishes that plaintiffs were unable to assume or negotiate a lease acceptable to them. Therefore, plaintiffs are entitled to the return of their deposit
p. 1015
(see, Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106 , 113; Perna v Desai, 101 AD2d 857 , affd 63 NY2d 898 ). (Appeal from Order of Supreme Court, Erie County, Flaherty, J. — Summary Judgment.) Present — Callahan, J. P., Boomer, Green, Lawton and Boehm, JJ.
Cases cited
- Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc. 61 NY2d 106 at 113 p. 1015
- Perna v. Desai 63 NY2d 898 p. 1015