DEL POZO v. IMPRESSIVE HOMES, INC.


29 A.D.3d 621 (2006)

815 N.Y.S.2d 200

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 reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint is reinstated.

In opposition to the defendant seller's prima facie showing of entitlement to summary judgment, the plaintiff purchaser succeeded in raising questions of fact warranting the denial of the motion. Specifically, the plaintiff raised a triable issue regarding whether he was financially capable of completing the subject real estate...

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