Handy v. Manganelli

Full title: JIMMY T. HANDY, Appellant, v. FRANK MANGANELLI, Defendant, and GETFEN…

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

Date published: Mar 2, 1992

181 A.D.2d 658 (N.Y. App. Div. 1992)

581 N.Y.S.2d 210

Opinion

March 2, 1992

Appeal from the Supreme Court, Kings County (DeMatteo, J.H.O.).

Ordered that the amended judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

We find that the court properly dismissed the plaintiff's action for specific performance since he waived his option to purchase the premises. Further, the plaintiff failed to demonstrate that he was ready, willing, and able to purchase the property (see, Huntington Min. Holdings v Cottontail Plaza, 96 A.D.2d 526, affd 60 N.Y.2d 997).

We have examined the plaintiff's remaining contentions and find that they are without merit. Mangano, P.J., Lawrence, Eiber and Miller, JJ., concur.