Lu v. Rosa

Appellate Division of the Supreme Court of New York

Lu v. Rosa

209 A.D.2d 675, 619 N.Y.S.2d 953, 1994 N.Y. App. Div. LEXIS 11757

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

DecidedNovember 28, 1994

StatusPublished

This text of 209 A.D.2d 675 (Lu v. Rosa) 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

Lu v. Rosa, 209 A.D.2d 675, 619 N.Y.S.2d 953, 1994 N.Y. App. Div. LEXIS 11757 (N.Y. Ct. App. 1994).

Pincite

Opinion

—In an action to recover a down payment tendered pursuant to a contract of sale of a franchise, the plaintiff [676]*676appeals from an order of the Supreme Court, Queens County (Leviss, J.), entered February 26, 1993, which denied his motion for summary judgment and granted the defendant’s cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, without costs or disbursements.

The plaintiff failed to raise any triable issues of fact as to whether he satisfied all the conditions precedent to cancellation of the contract of sale and entitlement to recovery of the down payment (see, CPLR 3212 [b]). Mangano, P. J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.

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—In an action to recover a down payment tendered pursuant to a contract of sale of a franchise, the plaintiff [676]*676appeals from an order of the Supreme Court, Queens County (Leviss, J.), entered February 26, 1993, which denied his motion for summary judgment and granted the defendant’s cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, without costs or disbursements.

The plaintiff failed to raise any triable issues of fact as to whether he satisfied all the conditions precedent to cancellation of the contract of sale and entitlement to recovery of the down payment (see, CPLR 3212 [b]). Mangano, P. J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.

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Bluebook (online)

209 A.D.2d 675, 619 N.Y.S.2d 953, 1994 N.Y. App. Div. LEXIS 11757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lu-v-rosa-nyappdiv-1994.