Anthony S. Vergatos & Family, Inc. v. T.C. Management LLC

Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered September 18, 2003, which, in this action upon a contract for the sale of real property, inter alia, granted plaintiff seller’s cross motion for summary judgment as to liability, unanimously affirmed, with costs.

Defendants do not dispute that they intended to enter into the contract or that they in fact executed the contract and forwarded it to plaintiff. Rather they maintain that the contract never became binding because the contract’s delivery condition was not satisfied, the fully executed contract having been,…