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EASTERN CONSOLIDATED PROPERTIES, INC. v. MORRIE GOLICK LIVING TRUST

4827, 4827A, 601529/09.

83 A.D.3d 534 (2011)

922 N.Y.S.2d 301

EASTERN CONSOLIDATED PROPERTIES, INC., Appellant, v. THE MORRIE GOLICK LIVING TRUST et al., Respondents.

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

Decided April 19, 2011.

Plaintiff failed to raise a triable issue of fact whether it produced a buyer who was ready, willing and able to purchase the subject property on the terms offered by defendants (see Lane—Real Estate Dept. Store v Lawlet Corp., 28 N.Y.2d 36, 42 [1971]). The deal memorandum entered into by the parties, which expressly stated, "This memo shall memorialize the terms of the deal that have been accepted, subject to the signing...

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