BUONOCORE v. DUBOIS

"When a condition of a mortgage loan commitment is not fulfilled through no fault of the purchasers, their performance is excused, as long as they acted in good faith" ( Lunning v. 10 Bleecker St. Owners Corp., 160 AD2d 178, lv denied 76 NY2d 710). Plaintiff established his prima facie entitlement to judgment as a matter of law by adducing documentary evidence showing that he had sought a mortgage diligently and in good faith. Defendants did not, in response, meet their burden to raise a triable factual issue.