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28 Properties, Inc. v. Akleh Realty Corp.

Appellate Division of the Supreme Court of New York, First Department
Oct 27, 2005
22 A.D.3d 432 (N.Y. App. Div. 2005)

Opinion

6929.

October 27, 2005.

Judgment, Supreme Court, New York County (Kibbie F. Payne, J.), entered March 11, 2005, which, after a nonjury trial, dismissed plaintiff's claim for specific performance, unanimously affirmed, without costs.

Theodore S. Steingut, New York, for appellant.

Nicholas L. Kass, Kew Gardens, for respondents.

Before: Andrias, J.P., Saxe, Friedman, Nardelli and Malone, JJ.


The trial evidence comported with the court's conclusion that plaintiff did not meet its burden to demonstrate that it was, within a reasonable time after the non-time of the essence closing date, ready, willing and able to tender performance of its obligations as purchaser under the parties' real estate contract ( see Goller Place Corp. v. Cacase, 251 AD2d 287). Plaintiff failed to demonstrate until some four years subsequent to the original closing date that it was financially able to close. That defendants may, in the interim, have anticipatorily breached the contract, did not excuse plaintiff from a timely tender of its performance, if the contract was to be specifically enforced ( see Internet Homes, Inc. v. Vitulli, 8 AD3d 438).


Summaries of

28 Properties, Inc. v. Akleh Realty Corp.

Appellate Division of the Supreme Court of New York, First Department
Oct 27, 2005
22 A.D.3d 432 (N.Y. App. Div. 2005)
Case details for

28 Properties, Inc. v. Akleh Realty Corp.

Case Details

Full title:28 PROPERTIES, INC., Appellant, v. AKLEH REALTY CORP. et al., Respondents…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 27, 2005

Citations

22 A.D.3d 432 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 8009
803 N.Y.S.2d 62

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