Legal Opinion

Pesa v. Yoma Development Group, Inc.

New York Court of Appeals

Decided February 9, 2012No. 3PublishedCited by 47 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

We hold that, in a case alleging that a seller has repudiated a contract to sell real property, the buyers must prove they were ready, willing and able to close the transaction.

I

Defendant Yoma Development Group, Inc. (the seller) agreed in three separate contracts to sell three properties, on each of which the seller planned to build a three-family dwelling. One of the properties was to be sold to all four of the plaintiffs (the buyers), another to three of them, and a third to plaintiff Mario Pesa only. Each contract specified a purchase price of $430,000 and a…

2Cases cited10 opinions

  1. American List Corp. v. U.S. News & World Report, Inc.New York Court of Appeals · 1989
  2. M. O'Neil Supply Co. v. Petroleum Heat & Power Co.New York Court of Appeals · 1939
  3. Bigler v. . MorganNew York Court of Appeals · 1879
  4. Madison Investments, Inc. v. Cohoes AssociatesAppellate Division of the Supreme Court of the State of New York · 1991
  5. DeForest Radio Telephone & Telegraph Co. v. Triangle Radio Supply Co.New York Court of Appeals · 1926

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3Cited by47 opinions

  1. 533 Park Avenue Realty, LLC v. Park Avenue Building & Roofing Supplies, LLCAppellate Division of the Supreme Court of the State of New York · 2017
  2. Guzman v. RamosAppellate Division of the Supreme Court of the State of New York · 2021
  3. Revital Realty Group, LLC v. Ulano Corp.Appellate Division of the Supreme Court of the State of New York · 2013
  4. AMPOWER-US, LLC v. WEG Transformers USA, LLCAppellate Division of the Supreme Court of the State of New York · 2023
  5. Yu Ling Hu v. ZapasAppellate Division of the Supreme Court of the State of New York · 2013

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