SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
October 7, 1968
ANTHONY SALVATI ET AL., APPELLANTS,
PERMANENT HOME BUILDERS, INC., RESPONDENT
Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.
In our opinion, the rights of the parties were stabilized when plaintiffs demanded a refund of their deposit. Nothing that defendant did thereafter, without the authorization by and the consent of plaintiffs, could affect the matter(Weschler v. Winter, 20 Misc. 2d 954; cf. Zigman v. McMackin, 6 A.D.2d 907). However, a determination of fact as to whether plaintiffs' attorney was authorized by plaintiffs to approve and accept the mortgage commitment dated April 18, 1967 should have been made initially by the trier of the facts. No such determination was made.
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