Gemwright v. Terry

Appellate Division of the Supreme Court of New York

Gemwright v. Terry

199 A.D.2d 464, 608 N.Y.S.2d 104, 1993 N.Y. App. Div. LEXIS 12321

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 27, 1993

StatusPublished

This text of 199 A.D.2d 464 (Gemwright v. Terry) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gemwright v. Terry, 199 A.D.2d 464, 608 N.Y.S.2d 104, 1993 N.Y. App. Div. LEXIS 12321 (N.Y. Ct. App. 1993).

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Opinion

In an action for specific performance of a contract for the sale of real property, [465]*465the plaintiffs appeal from a judgment of the Supreme Court, Queens Court (Lerner, J.), entered October 16, 1991, which, upon granting the defendants’ motion to dismiss the complaint, made at the close of evidence, is in favor of the defendants and against them.

Ordered that the judgment is affirmed, with costs.

The plaintiffs-purchasers failed to demonstrate that they were ready, willing, and able to close within a reasonable period of time of the date specified in the parties’ contract (see, 3M Holding Corp. v Wagner, 166 AD2d 580; Xhelili v Larstanna, 150 AD2d 560). Thompson, J. P., Sullivan, Miller and Santucci, JJ., concur.

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In an action for specific performance of a contract for the sale of real property, [465]*465the plaintiffs appeal from a judgment of the Supreme Court, Queens Court (Lerner, J.), entered October 16, 1991, which, upon granting the defendants’ motion to dismiss the complaint, made at the close of evidence, is in favor of the defendants and against them.

Ordered that the judgment is affirmed, with costs.

The plaintiffs-purchasers failed to demonstrate that they were ready, willing, and able to close within a reasonable period of time of the date specified in the parties’ contract (see, 3M Holding Corp. v Wagner, 166 AD2d 580; Xhelili v Larstanna, 150 AD2d 560). Thompson, J. P., Sullivan, Miller and Santucci, JJ., concur.

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Bluebook (online)

199 A.D.2d 464, 608 N.Y.S.2d 104, 1993 N.Y. App. Div. LEXIS 12321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gemwright-v-terry-nyappdiv-1993.

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