HOSSAIN v. SELECHNIK

10406, 23348/05, 10406A.

107 A.D.3d 549 (2013)

968 N.Y.S.2d 47

2013 NY Slip Op 4689

KAZI A. HOSSAIN, Appellant, v. JACOB SELECHNIK et al., Respondents.

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

Decided June 20, 2013.


Defendants made a prima facie showing of their entitlement to judgment as a matter of law. They submitted evidence showing that a time of the essence closing was scheduled for June 30, 2005, that plaintiff and his attorney were notified of the closing, that the Referee was ready, willing and able to close, and that plaintiff failed to appear, resulting in a default and the forfeit of his deposit pursuant to the terms of sale (see 225 5th, LLC v Volynets,

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