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40 A.D.3d 268

Sosa v. Acevedo

Appellate Division of the Supreme Court of the State of New York · decided 2007-05-03

Cited by 1 later decisions — most recently December 2007

Good law ✅— No negative treatment on recordhow we know

Decided 2007-05-03

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¶1*269Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered April 3, 2006, which, inter alia, granted plaintiff purchaser’s cross motion for specific performance of a real estate contract, unanimously affirmed, without costs.

¶2Plaintiff demonstrated that he was ready, willing and able to close on the law date (see ADC Orange, Inc. v Coyote Acres, Inc., 7 NY3d 484, 490 [2006]). The proof establishes that prior to closing plaintiff paid $34,500 of the contract purchase price, and that at the closing he was willing and able to pay the purchase price balance, having transferred the necessary funds by check and wire transfer, copies of which were submitted on the motion, into his attorney’s escrow account (cf. Huntington Min. Holdings v Cottontail Plaza, 60 NY2d 997 [1983]). Although the funds were not tendered by plaintiff by certified check, defendant failed to respond to plaintiffs request for instructions as to how the purchase price balance was to be paid, which, given the uncertainty as to the precise amounts owing, due, inter aha, to unpaid real estate taxes on the property, frustrated plaintiffs ability to perform in strict accordance with the contract (see ADC Orange, 7 NY3d at 490).

¶3We have considered defendant’s remaining arguments and find them unavailing. Concur—Mazzarelli, J.P., Andrias, Catterson and Malone, JJ.

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