LATORA v. FERREIRA

2019-04957. Index No. 512079/15.

202 A.D.3d 777 (2022)

158 N.Y.S.3d 833

2022 NY Slip Op 00857

John Latora, Respondent, v. Victor Ferreira, Appellant.

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

Decided February 9, 2022.


Attorney(s) appearing for the Case

McKinley Onua & Associates, PLLC, Brooklyn, NY ( Nnenna Onua of counsel), for appellant.

Cuddy & Feder, LLP, White Plains, NY ( Johua E. Kimerling of counsel), for respondent.

Barros, J.P., Iannacci, Chambers and Christopher, JJ., concur.


Ordered that the order is affirmed, with costs.

In 2004, the plaintiff buyer and the defendant seller entered into a contract for the sale of real property located in Brooklyn. No closing occurred and the plaintiff commenced an action for specific performance. Although the Supreme Court awarded the plaintiff that relief, this Court reversed, as a time of the essence closing had never been scheduled and the plaintiff did not demonstrate that he had tendered performance...

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