ELBAYADI v. NORTON


216 A.D.2d 936 (1995)

629 N.Y.S.2d 145

Sherif G. Elbayadi et al., Appellants, v. Paul H. Norton et al., Respondents

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

June 9, 1995


Order unanimously reversed on the law without costs and motion granted.

Memorandum:

Supreme Court erred in denying the motion of plaintiffs for summary judgment seeking specific performance of their real estate contract with defendants. Plaintiffs established their entitlement to judgment as a matter of law by submitting evidentiary proof in admissible form that they validly declared that time was of the essence, scheduled a closing date of September 14, 1994...

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