In Jangana v. Cogan, (76 A.D.3d 907, 907 N.Y.S.2d 670 [1st Dept. 2010]) the defendant attempted to retain the plaintiffs' escrow deposit based on the plaintiffs' alleged bad faith at the Board interview.
The 1st Department found it dispositive that "defendant failed to raise a triable issues of fact as to whether plaintiffs had, in bad faith, submitted data to the Board. . . and as a result of such bad faith submissions, the Board refused to consent to the sale of the apartment." Id. at 908.