BENHAMO v. MARINELLI

2010-05376.

82 A.D.3d 922 (2011)

919 N.Y.S.2d 70

RIVKA BENHAMO, Appellant, v. JOSEPH MARINELLI et al., Respondents.

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

Decided March 15, 2011.


Ordered that the order is affirmed, with costs.

The defendants established their prima facie entitlement to judgment as a matter of law by tendering evidence in admissible form that the defendants Joseph Marinelli and Monique Marinelli (hereinafter together the sellers) were ready, willing, and able to perform their obligations pursuant to a contract for the sale of the subject real property on the law day, and that the plaintiff failed to appear and proceed with...

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