Opinion
Argued April 8, 1999
June 1, 1999
In an action to recover damages for breach of a contract to purchase real property, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), entered April 27, 1998, as granted the defendants' motion for summary judgment dismissing the complaint and directed the return of their $10,000 down payment.
Pinks Arbeit, Hauppauge, N.Y. (Robert S. Arbeit of counsel), for appellant.
Sinnreich Wasserman Grubin, LLP, Hauppauge, N.Y. (Jonathan Sinnreich and Douglas J. Lutz of counsel), for respondents.
THOMAS R. SULLIVAN, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, NANCY E. SMITH. JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiff failed to show that it was able to convey marketable title to the defendants on the final day set by it for the closing. It then breached its contract with the defendants by selling the subject property to a third party prior to setting a new closing date. Under these circumstances, the Supreme Court properly granted the defendants' motion ( see, Gargano v. Rubin, 200 A.D.2d 554; cf., Ilemar Corp. v. Krochmal, 58 A.D.2d 853, affd 44 N.Y.2d 702).
The plaintiff's remaining contention is without merit.