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SFT REALTY LLC v. BANNER REALTY CO., LLC

8552. 8551. 24185/15E.

169 A.D.3d 615 (2019)

95 N.Y.S.3d 167

2019 NY Slip Op 01497

SFT Realty LLC, Respondent, v. Banner Realty Company, LLC, et al., Appellants.

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

Decided February 28, 2019.

Defendants may raise a legal challenge to plaintiff's prima facie showing on the issue of its ability to close on the sale for the first time on appeal (Bank of Am., N.A. v Thomas, 138 A.D.3d 523 [1st Dept 2016]).

Plaintiff concedes that it had to finance the purchase of the property. However, it did not support its motion with a mortgage commitment (cf. Piga v Rubin, 300 A.D.2d 68

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