DEL POZO v. IMPRESSIVE HOMES, INC.


29 A.D.3d 620 (2006)

814 N.Y.S.2d 734

GERMAN DEL POZO, Appellant, v. IMPRESSIVE HOMES, INC., Respondent.

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

May 9, 2006.


Ordered that the order is affirmed, with costs.

Contrary to the plaintiff purchaser's contentions, the Supreme Court properly denied his motion for summary judgment on his claim for specific performance. Even where a seller improperly cancels a contract for the sale of real property, the purchaser has the burden of demonstrating that he possessed the financial ability to complete the purchase in order to obtain the remedy...

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