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AMBALU v. ROSENTHAL

29 A.D.3d 499 (2006)

813 N.Y.S.2d 672

SARA AMBALU, Appellant, v. MICHAEL ROSENTHAL et al., Respondents.

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

May 2, 2006.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the defendants established their prima facie entitlement to summary judgment dismissing the complaint by evidence showing that they properly cancelled the contract of sale in accordance with paragraph 14 of the rider to the contract (see W.W.W. Assoc. v Giancontieri, 77 N.Y.2d 157, 163 [1990]; Nesdale v Banister, 18...

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