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MAIN STREET XATA, LTD. v. VALINE REALTY CORP.

47 A.D.3d 688 (2008)

848 N.Y.S.2d 899

MAIN STREET XATA, LTD., Respondent, v. VALINE REALTY CORP., Appellant.

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

Decided January 15, 2008.

Ordered that the judgment is reversed, on the law, without costs or disbursements, and the complaint is dismissed.

The plaintiff corporate vendee, Main Street Xata, Ltd., failed to meet its burden of showing that it had the financial capacity to purchase the subject property (see Dairo v Rockaway Blvd. Props., LLC, 44 A.D.3d 602 [2007]; Backer v Bouza Falco Co., 28 A.D.3d 503

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