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Gluck v. Tomasulo

170 A.D.2d 482, 566 N.Y.S.2d 531, 1991 N.Y. App. Div. LEXIS 1986
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 11, 1991
StatusPublished

This text of 170 A.D.2d 482 (Gluck v. Tomasulo) 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
Gluck v. Tomasulo, 170 A.D.2d 482, 566 N.Y.S.2d 531, 1991 N.Y. App. Div. LEXIS 1986 (N.Y. Ct. App. 1991).

Opinion

In an action, inter alia, for specific performance of a contract to convey real property, the plaintiff appeals from an order of the Supreme Court, Kings County (Shaw, J.), dated June 9, 1989, which denied his motion for summary judgment.

Ordered that the order is affirmed, with costs.

Upon a review of the record it is evident that material issues of fact exist, including, but not limited to, whether the plaintiff can demonstrate that he was ready, willing and able to tender performance on the closing day or within a reasonable time thereafter (see, Huntington Min. Holdings v Cottontail Plaza, 60 NY2d 997; Wilson v City of Long Beach, 133 AD2d 684). Kunzeman, J. P., Kooper, Eiber and O’Brien, JJ., concur.

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Related

Huntington Mining Holdings, Inc. v. Cottontail Plaza, Inc.
459 N.E.2d 492 (New York Court of Appeals, 1983)
Wilson v. City of Long Beach
133 A.D.2d 684 (Appellate Division of the Supreme Court of New York, 1987)

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Bluebook (online)
170 A.D.2d 482, 566 N.Y.S.2d 531, 1991 N.Y. App. Div. LEXIS 1986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gluck-v-tomasulo-nyappdiv-1991.