Rosenthal v Oakes

Rosenthal v Oakes 2007 NY Slip Op 05547 [41 AD3d 305] June 26, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 15, 2007

David Rosenthal et al., Respondents,
v
James Oakes et al., Appellants.

—[*1] Peter Axelrod & Associates, P.C., New York (Osman Dennis of counsel), for appellants.

Kenneth J. Glassman, New York, for respondents.

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.

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 [2000]). Concur—Friedman, J.P., Marlow, Nardelli, Buckley and Kavanagh, JJ.