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PESA v. YOMA DEV. GROUP, INC.

No. 3.

18 N.Y.3d 527 (2012)

965 N.E.2d 228

942 N.Y.S.2d 1

2012 NY Slip Op 856

MARIO A. PESA et al., Respondents, v. YOMA DEVELOPMENT GROUP, INC., Appellant, et al., Defendants.

Court of Appeals of New York.

Decided February 9, 2012.

Attorney(s) appearing for the Case

Naidich Wurman Birnbaum & Maday, LLP, Great Neck ( Robert P. Johnson of counsel), for appellant.

Thomas J. Stock & Associates, Mineola ( Thomas J. Stock and Victor A. Carr of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

We hold that, in a case alleging that a seller has repudiated a contract to sell real property, the buyers must prove they were ready, willing and able to close the transaction.

I

Defendant Yoma Development Group, Inc. (the seller) agreed in three separate contracts to sell three properties, on each of which the seller planned to build...

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