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KAMERMAN v. VINA

290 A.D.2d 537 (2002)

736 N.Y.S.2d 627

RICHARD KAMERMAN et al., Appellants, v. ANDRE O. DE LA VINA et al., Respondents.

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

Decided January 28, 2002.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied specific performance to the plaintiffs. The plaintiffs failed to establish that they were ready, willing, and able to close title until the lis pendens on the property was cancelled, and that the underlying action to which the lis pendens related was discontinued (see, Huntington Min. Holdings v Cottontail Plaza, 60 N.Y.2d 997

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