225 5th, LLC v. Volynets

Order and judgment (one paper), Supreme Court, New York County (Marcy S. Friedman, J.), entered August 9, 2011, which, to the extent appealed from as limited by the briefs, granted plaintiffs motion for summary judgment on its first cause of action, alleging breach of contract, and for a declaration, upon its second cause of action, that the purchase agreement was validly canceled, and so declared, unanimously affirmed, without costs.

Defendant’s failure to appear at the scheduled closing, at which plaintiff appeared, ready, willing and able to close, constitutes a default under the purchase…