Appellate Division of the Supreme Court of New York, 1993

Gemwright v. Terry

Gemwright v. Terry
Appellate Division of the Supreme Court of New York · Decided December 27, 1993
199 A.D.2d 464; 608 N.Y.S.2d 104; 1993 N.Y. App. Div. LEXIS 12321
Gemwright v. Terry

Opinion of the Court

In an action for specific performance of a contract for the sale of real property, *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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.