Properties & Equities International Ltd. v. Lim

Appellate Division of the Supreme Court of New York

Properties & Equities International Ltd. v. Lim

158 A.D.2d 343, 551 N.Y.S.2d 33, 1990 N.Y. App. Div. LEXIS 1380

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

DecidedFebruary 13, 1990

StatusPublished

This text of 158 A.D.2d 343 (Properties & Equities International Ltd. v. Lim) 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

Properties & Equities International Ltd. v. Lim, 158 A.D.2d 343, 551 N.Y.S.2d 33, 1990 N.Y. App. Div. LEXIS 1380 (N.Y. Ct. App. 1990).

Pincite

Opinion

[344]*344In this action by plaintiff, a New York corporation, against defendant, the owner of a commercial condominium unit, No. 1SW, located at 161 Madison Avenue, New York, for specific performance of a contract of sale between the parties for the commercial condominium unit, the IAS court properly determined that summary judgment was precluded by conflicting affidavits of the parties raising triable issues of fact as to, inter alia, whether the plaintiff was, in fact, ready, willing and able to perform after having obtained a $350,000 loan commitment rather than the $460,000 commitment stated in the contract of sale, and as to the significance of defendant’s alleged failure to provide a certificate of occupancy. Concur—Kupferman, J. P., Milonas, Asch, Wallach and Rubin, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

[344]*344In this action by plaintiff, a New York corporation, against defendant, the owner of a commercial condominium unit, No. 1SW, located at 161 Madison Avenue, New York, for specific performance of a contract of sale between the parties for the commercial condominium unit, the IAS court properly determined that summary judgment was precluded by conflicting affidavits of the parties raising triable issues of fact as to, inter alia, whether the plaintiff was, in fact, ready, willing and able to perform after having obtained a $350,000 loan commitment rather than the $460,000 commitment stated in the contract of sale, and as to the significance of defendant’s alleged failure to provide a certificate of occupancy. Concur—Kupferman, J. P., Milonas, Asch, Wallach and Rubin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

158 A.D.2d 343, 551 N.Y.S.2d 33, 1990 N.Y. App. Div. LEXIS 1380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/properties-equities-international-ltd-v-lim-nyappdiv-1990.