3801 Review Realty LLC v. Review Realty Co.
| Decision Date | 19 November 2013 |
| Citation | 975 N.Y.S.2d 36,2013 N.Y. Slip Op. 07660,111 A.D.3d 509 |
| Parties | 3801 REVIEW REALTY LLC, Plaintiff–Appellant, v. REVIEW REALTY COMPANY LLC, Defendant–Respondent. |
| Court | New York Supreme Court — Appellate Division |
111 A.D.3d 509
975 N.Y.S.2d 36
2013 N.Y. Slip Op. 07660
3801 REVIEW REALTY LLC, Plaintiff–Appellant,
v.
REVIEW REALTY COMPANY LLC, Defendant–Respondent.
Supreme Court, Appellate Division, First Department, New York.
Nov. 19, 2013.
[975 N.Y.S.2d 37]
James R. Anderson, Harrison, for appellant.
Goldberg Weprin Finkel Goldstein, LLP, New York (Eli Raider of counsel), for respondent.
FRIEDMAN, J.P., MOSKOWITZ, RICHTER, MANZANET–DANIELS, GISCHE, JJ.
Judgment, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered February 14, 2013, dismissing the complaint and directing that the notice of pendency be cancelled, unanimously modified, on the law, to reinstate the claims for the return of both the escrowed and the released portions of the down payment, and otherwise affirmed, without costs. Appeal from order, same court and Justice, entered January 8, 2013, which granted defendant's motion for summary judgment, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.
Plaintiff is not entitled to specific performance of its contract to purchase real estate, because it was unable to demonstrate that it was ready, willing and able to fulfill its contractual obligations at closing (Gindi v. Intertrade Internationale Ltd., 50 A.D.3d 575, 856 N.Y.S.2d 104 [1st Dept.2008] ). Plaintiff acknowledged at the closing that it did not have the balance of the purchase price in its possession at closing, and submitted no evidence of its financial ability to pay the balance of...
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