Opinion
11943 Index No. 25100/2016E Case No. 2019-5439
10-06-2020
Mohammed AHSANUDDIN, Plaintiff–Appellant, v. Edwin CARDE, et al., Defendants–Respondents.
Richard J. Soleymanzadeh, P.C., Carle Place (Richard J. Soleymanzadeh of counsel), for appellant. Law Offices of Joan Iacono, Bronxville (Joan Iacono of counsel), for respondent
Richard J. Soleymanzadeh, P.C., Carle Place (Richard J. Soleymanzadeh of counsel), for appellant.
Law Offices of Joan Iacono, Bronxville (Joan Iacono of counsel), for respondent
Friedman, J.P., Webber, Kern, Moulton, JJ.
Order, Supreme Court, Bronx County (Ruben Franco, J.), entered on or about July 9, 2019, which, inter alia, denied plaintiff's motion for summary judgment on his cause of action for specific performance of a contract to purchase real estate, unanimously affirmed, without costs.
Plaintiff failed to establish prima facie that he substantially performed his contract obligations and was willing and able to perform his remaining obligations and that defendants were able to convey the property (see EMF Gen. Contr. Corp. v. Bisbee, 6 A.D.3d 45, 51, 774 N.Y.S.2d 39 [1st Dept. 2004], lv denied 3 N.Y.3d 607, 785 N.Y.S.2d 25, 818 N.E.2d 667 [2004] ). He submitted no proof that he possessed the financial means to close the sale (see e.g. SFT Realty LLC v. Banner Realty Co. LLC, 169 A.D.3d 615, 95 N.Y.S.3d 167 [1st Dept. 2019] ). He submitted no proof that the individual defendant, who signed the contract of sale in his personal capacity, was able to transfer the property, which the record shows was owned by the corporate defendant.