The cross motion for summary judgment was based on plaintiff's failure to comply with discovery demands. The court instead dismissed the complaint for plaintiff's purported failure to raise a triable issue of fact as to whether it was ready, willing and able to perform the contract. Defendants never did establish a prima facie entitlement to judgment on that ground, or even the absence of a triable issue of fact on that point (Winegrad v New York Univ. Med. Ctr., ...
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