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SOSA v. ACEVEDO

40 A.D.3d 268 (2007)

834 N.Y.S.2d 189

JESUS SOSA, Respondent, v. PASQUAL ACEVEDO, Also Known as PASCUAL ACEVEDO, Appellant.

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

Decided May 3, 2007.

Plaintiff demonstrated that he was ready, willing and able to close on the law date (see ADC Orange, Inc. v Coyote Acres, Inc., 7 N.Y.3d 484, 490 [2006]). The proof establishes that prior to closing plaintiff paid $34,500 of the contract purchase price, and that at the closing he was willing and able to pay the purchase price balance, having transferred the necessary funds by check and wire transfer, copies of which were submitted...

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