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AHSANUDDIN v. CARDE

25100/2016E. Appeal No. 11943. Case No. 2019-5439.

187 A.D.3d 426 (2020)

129 N.Y.S.3d 787

2020 NY Slip Op 05442

Mohammed Ahsanuddin, Appellant, v. Edwin Carde et al., Respondents.

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

Decided October 6, 2020.

Plaintiff failed to establish prima facie that he substantially performed his contract obligations and was willing and able to perform his remaining obligations and that defendants were able to convey the property (see EMF Gen. Contr. Corp. v Bisbee, 6 A.D.3d 45, 51 [1st Dept 2004], lv denied 3 N.Y.3d 607 [2004]). He submitted no proof that he possessed the financial means to close the sale...

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