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THOMAS v. ROGERS AUTO COLLISION, INC.

2008-05094

69 A.D.3d 608 (2010)

896 N.Y.S.2d 73

2010 NY Slip Op 133

ROBERT THOMAS, Respondent, v. ROGERS AUTO COLLISION, INC., et al., Appellants.

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

Decided January 5, 2010.

Ordered that the judgment is affirmed, with costs.

Contrary to the defendants' contention, the trial court providently exercised its discretion in allowing the plaintiff to reopen his case to present a bank statement as proof that he was ready, willing, and able to purchase the subject premises (see Bennett v Henry, 39 A.D.3d 575, 576 [2007]; Kay Found. v S & F Towing Serv. of Staten Is., Inc.,

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