From Casetext: Smarter Legal Research

Ambalu v. Rosenthal

Appellate Division of the Supreme Court of New York, Second Department
May 2, 2006
29 A.D.3d 499 (N.Y. App. Div. 2006)

Opinion

2005-05444.

May 2, 2006.

In an action, inter alia, for specific performance of a contract for the sale of real property, the plaintiff appeals from an order of the Supreme Court, Queens County (Weiss, J.), dated May 13, 2005, which denied her motion for a preliminary injunction and granted the defendants' cross motion for summary judgment dismissing the complaint.

Fogel Wachs, PC, New York, N.Y. (Stuart Wachs of counsel), for appellant.

Tenenbaum Berger, LLP, Brooklyn, N.Y. (David M. Berger and Michele L. Henry of counsel), for respondents.

Before: Florio, J.P., Santucci, Goldstein and Skelos, JJ., concur.


Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the defendants established their prima facie entitlement to summary judgment dismissing the complaint by evidence showing that they properly cancelled the contract of sale in accordance with paragraph 14 of the rider to the contract ( see W.W.W. Assoc. v. Giancontieri, 77 NY2d 157, 163; Nesdale v. Banister, 18 AD3d 841; Eckel v. Francis, 5 AD3d 719, 722; Palmieri v. Higgins, 302 AD2d 374; Gartner v. Young-Hee Lowe, 299 AD2d 198). In response, the plaintiff failed to show the existence of a triable issue of fact requiring denial of the motion for summary judgment ( see Alvarez v. Prospect Hosp., 68 NY2d 320, 324).


Summaries of

Ambalu v. Rosenthal

Appellate Division of the Supreme Court of New York, Second Department
May 2, 2006
29 A.D.3d 499 (N.Y. App. Div. 2006)
Case details for

Ambalu v. Rosenthal

Case Details

Full title:SARA AMBALU, Appellant, v. MICHAEL ROSENTHAL et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 2, 2006

Citations

29 A.D.3d 499 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 3519
813 N.Y.S.2d 672

Citing Cases

Hegeman Plaza LLC v. Burgan

Based upon the above, Defendants demonstrated their prima facie entitlement to summary judgment by…

Gold v. Tire Shop

Ordered that the order is reversed, on the law, with costs, that branch of the plaintiffs motion which was,…