TSABARI v. HAYE


13 A.D.3d 360 (2004)

786 N.Y.S.2d 102

ABE TSABARI, Respondent, v. LOUISE HAYE, Appellant.

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

December 6, 2004.


Ordered that the order and judgment is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was for summary judgment on the cause of action for specific performance is denied.

A purchaser who seeks specific performance of a real estate contract must demonstrate that he or she was ready, willing, and able to perform the contract (see Internet Homes, Inc. v Vitulli, 8 A.D.3d 438

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