Legal Opinion
28 Properties, Inc. v. Akleh Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Decided October 21, 2003PublishedCited by 1 opinion
1Opinion of the Court
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered January 24, 2003, which, insofar as appealed from, denied plaintiff’s motion for summary judgment on its first cause of action for specific performance of a real estate contract, unanimously affirmed, without costs.
Defendant sellers failed to schedule a closing, alleging that *633plaintiff lacked sufficient funds to acquire the subject premises despite plaintiff’s letter notification that it was ready, willing and able to proceed with the contract of sale. The IAS court found a factual question as to whether plaintiff gave…
2Cases cited8 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Zev v. MermanNew York Court of Appeals · 1988
- Huntington Mining Holdings, Inc. v. Cottontail Plaza, Inc.New York Court of Appeals · 1983
- Zev v. MermanAppellate Division of the Supreme Court of the State of New York · 1987
- 3M Holding Corp. v. WagnerAppellate Division of the Supreme Court of the State of New York · 1990
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3Cited by1 opinion
- Tsabari v. HayeAppellate Division of the Supreme Court of the State of New York · 2004