The house fell in on this plaintiff.

Plaintiff failed to apply for a mortgage commitment, failed to obtain a mortgage commitment within 45 days of her receipt of the contract, and failed to provide reasonably timely notice of her purported inability to secure a commitment. The Second Department said that was more than enough to support the trial court's determination that plaintiff breached the clear and unequivocal provisions of the contract, and the implied covenant of good faith and fair dealing. In DiBlanda v. ADC Pinebrook, which was decided on October 11, 2007, the court concluded that, under these circumstances, plaintiff had no authority to cancel the contract, and defendants were entitled to keep the down payment.