Kaufman v. Pond Realty Associates

Appellate Division of the Supreme Court of New York

Kaufman v. Pond Realty Associates

203 A.D.2d 201, 612 N.Y.S.2d 853, 1994 N.Y. App. Div. LEXIS 4354

Appellate Division of the Supreme Court of the State of New York·Decided April 28, 1994·Published

Opinion

—Judgment, Supreme Court, Suffolk County (Marquette L. Floyd, J.), entered November 13, 1991, dismissing the complaint at the close of evidence as a matter of law, unanimously affirmed, with costs.

The trial court correctly determined that plaintiffs had failed to establish a prima facie case (see, Hylick v Halweil, 112 AD2d 400), and that not only had defendants breached the purchase contract, but that the individual plaintiff was financially unable to proceed with the closing. Accordingly, the [202]*202case was properly taken from the jury and decided in defendants’ favor as a matter of law pursuant to CPLR 4401. Concur — Murphy, P. J., Sullivan, Carro, Wallach and Asch, JJ.

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—Judgment, Supreme Court, Suffolk County (Marquette L. Floyd, J.), entered November 13, 1991, dismissing the complaint at the close of evidence as a matter of law, unanimously affirmed, with costs.

The trial court correctly determined that plaintiffs had failed to establish a prima facie case (see, Hylick v Halweil, 112 AD2d 400), and that not only had defendants breached the purchase contract, but that the individual plaintiff was financially unable to proceed with the closing. Accordingly, the [202]*202case was properly taken from the jury and decided in defendants’ favor as a matter of law pursuant to CPLR 4401. Concur — Murphy, P. J., Sullivan, Carro, Wallach and Asch, JJ.

Kaufman v. Pond Realty Associates, 203 A.D.2d 201, 612 N.Y.S.2d 853, 1994 N.Y. App. Div. LEXIS 4354 (N.Y. Ct. App. 1994).

Pincite

203 A.D.2d 201 (Kaufman v. Pond Realty Associates) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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