Flaum Management signed its acceptance on March 25, 1998. The specific performance claim is moot as the Mortgage was previously sold.
Defendant now seeks dismissal of the claim for damages.
The language employed by the parties is that the Bank, subject to the committee's final approval, agrees to assign the Note and Mortgage. This is an express condition agreed to by the parties in the document which must be literally performed. Furthermore, the Defendant has established that the contract is not ambiguous because the document on its face is not reasonably susceptible to more than one interpretation. The Plaintiff, although alleging oral representations were made concerning such final approval by the committee, has failed to submit in evidentiary form any issue of fact requiring a trial. The Defendant shall submit an Order referencing and attaching this Decision to such Order.