In a decision dated June 22, 2009, Justice Demarest, in connection with a breach-of-contract action by Plaintiff-buyer against Defendant-seller seeking the return of a deposit given under an agreement for the sale of commercial property, and on cross-motions for summary judgment, denied Defendant’s motion and granted Plaintiff’s motion, finding that the written contract reflected the parties’ clear intent regarding Plaintiff’s obligation to obtain financing as a condition to his purchase of the property, as well as Plaintiff’s obligation to receive approval from a lender by a certain commitment date and that if approval was not received and the commitment date not extended, Plaintiff had a right to cancel and recover his deposit. Because lender approval was received after the commitment date, which was not extended by Defendant, and because Plaintiff exercised his right to cancel within a reasonable period after the commitment date under the circumstances, the court found that Plaintiff was entitled to the return of his deposit.