CITY OWNERSHIP, INC. v. GIAMBRONE


5 A.D.3d 529 (2004)

772 N.Y.S.2d 870

CITY OWNERSHIP, INC., Appellant, v. JOHN R. GIAMBRONE, Respondent.

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

March 15, 2004.


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

The plaintiff purchaser failed to establish its prima facie entitlement to judgment as a matter of law on its cause of action for specific performance directing the defendant seller to convey the subject property to it. Neither the plaintiff nor the defendant attended the closing. Further, the plaintiff failed to demonstrate that it was ready, willing, and able to close on the law day (see...

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