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CALKA v. CHUU

271 A.D.2d 261 (2000)

706 N.Y.S.2d 627

LISA CALKA, Appellant, v. SOUMI CHUU, Also Known as SOO AM CHUU, et al., Respondents.

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

Decided April 11, 2000.

The motion court properly dismissed plaintiff's cause of action for specific performance since the contract for the sale of the condominium, never having been executed by the owner, was not binding upon him (see, Fatoullah v Schneider, 103 A.D.2d 957). Moreover, even if the unexecuted contract had been ratified by the owner (see, Williams v Cohn, 51 A.D.2d 1031), no evidence was presented...

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