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GLUCK v. TOMASULO

170 A.D.2d 482 (1991)

Shmuel Gluck, Appellant, v. Beatrice Tomasulo et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 11, 1991

Ordered that the order is affirmed, with costs.

Upon a review of the record it is evident that material issues of fact exist, including, but not limited to, whether the plaintiff can demonstrate that he was ready, willing and able to tender performance on the closing day or within a reasonable time thereafter (see, Huntington Min. Holdings v Cottontail Plaza, 60 N.Y.2d 997; Wilson v City of Long Beach,

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