MORGAN BARRINGTON FINANCIAL SERVICES v. ROMAN


27 A.D.3d 385 (2006)

811 N.Y.S.2d 662

MORGAN BARRINGTON FINANCIAL SERVICES et al., Appellants, v. JUANA M. ROMAN, as Administratrix of the Estate of SEVERINO ROMAN, Also Known as EFRAIN ROMAN, Deceased, Respondent.

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

March 30, 2006.


The IAS court properly granted decedent seller summary judgment where the plaintiff purchaser, who was experienced in real estate transactions of this nature, presented no probative evidence to show its ability to close at a time-of-the-essence, second rescheduled closing, some seven months after the contract signing. The seller met its initial burden of showing, prima facie, that it was ready, willing and able to deliver good and marketable title on the date of the third...

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