ASENSIO v. CASA 74TH DEVELOPMENT, LLC

3347, 100257/10.

79 A.D.3d 588 (2010)

913 N.Y.S.2d 96

MANUEL P. ASENSIO, Appellant-Respondent, v. CASA 74TH DEVELOPMENT, LLC, et al., Respondents-Appellants.

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

Decided December 21, 2010.


Triable issues of fact, including whether construction of the condominium unit was "substantially completed" at the time of the proposed closing, preclude summary dismissal of the complaint and judgment in favor of defendants on their counterclaims. Defendant sponsor's failure to substantially complete the work would have constituted a breach of the agreement to sell the unit and relieved plaintiff of his duty to attend the closing and tender the balance of the purchase price...

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