Mendoza v. Sterling Properties, Inc.
Supreme Court of the State of New York, Appellate Division, Second Department, June 20, 2018
The parties entered into a contract for sale of real property in Brooklyn, where defendant was to construct a three-family dwelling. The contract required the plaintiff to obtain a letter of commitment from a lending institution within 30 days of the contract date and required the defendant to obtain a certificate of occupancy prior to closing. Plaintiff obtained the letter, but three months later defendant informed plaintiff that he was canceling the contract based on unexpected delay in obtaining certificate of occupancy and the likelihood that plaintiff’s commitment cannot be extended for a long time. Plaintiff commenced action for specific performance, to recover damages for breach of contract, and for a declaratory judgment, and defendant moved for summary judgment dismissing the complaint. The Supreme Court denied defendant’s motion holding that defendant failed to make a prima facie case that plaintiff was not ready, willing, and able to perform, and the defendant appeals. This Court affirms.