FALLATI v. MacKEY


31 A.D.3d 879 (2006)

818 N.Y.S.2d 341

PAUL FALLATI, Respondent, v. MARY T. MacKEY, Appellant.

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

July 6, 2006.


Spain, J.

This is an action for specific performance of an October 1, 2004 contract whereby defendant agreed to sell a parcel of real property to plaintiff. The contract contained an anticipated closing date of on or about November 30, 2004. After defendant failed to respond to letters from plaintiff announcing his readiness to close and seeking to schedule a closing date, plaintiff commenced this action in February 2005. Plaintiff then successfully moved for summary...

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