REALTY EQUITIES, INC. v. WALBAUM, INC.


18 A.D.3d 531 (2005)

795 N.Y.S.2d 312

REALTY EQUITIES, INC., Appellant, v. WALBAUM, INC., Also Known as WALDBAUM, INC., et al., Respondents, et al., Defendant.

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

May 9, 2005.


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

The Supreme Court, upon reargument, properly adhered to so much of the prior order entered June 24, 2003, as granted that branch of the respondents' motion which was for summary judgment dismissing the complaint insofar as asserted against them. A purchaser seeking specific performance of a real estate contract must demonstrate that he or she was ready, willing, and able to perform the contract...

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