Sikander v. Prana-BF Partners
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*243Order, Supreme Court, New York County (Harold B. Beeler, J.), entered September 24, 2004, which, in an action for specific performance, inter alia, granted defendant sellers’ motion for summary judgment dismissing the complaint, and directed the escrow agent to release plaintiff buyer’s down payment to defendants as liquidated damages, unanimously affirmed, with costs.
The action was properly dismissed where the parties’ contract contained a time of the essence clause, defendants made a prima facie showing that they were ready, willing and able to deliver good and marketable title at the…
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