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SINGH v. GOPAUL

26 A.D.3d 370 (2006)

809 N.Y.S.2d 549

PARAM SINGH, Respondent, v. VISHNUDAT GOPAUL, Appellant, et al., Defendant.

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

February 14, 2006.

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

"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" (Tsabari v. Haye, 13 A.D.3d 360, 360 [2004]...

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