VEROLLA v. BEECHWOOD CARMEN BUILDING CORP.


43 A.D.3d 913 (2007)

841 N.Y.S.2d 610

ROBERT J. VEROLLA, Respondent, v. BEECHWOOD CARMEN BUILDING CORP., Appellant.

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

Decided September 11, 2007.


Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the defendant's motion for summary judgment dismissing the complaint is granted.

The defendant established its prima facie entitlement to judgment as a matter of law by submitting the terms of the parties' real estate sale contract and evidence unequivocally demonstrating that the plaintiff defaulted thereunder. Moreover, the plaintiff failed to raise a triable...

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