Court of Appeals of New York

In a suit for damages alleging that the seller had repudiated a contract to sell real property, summary judgment in favor of the buyers on the issue of liability is reversed, and denial of the seller's cross-motion for summary judgment is affirmed, where: 1) a buyer in a damages suit must show that it was ready, willing, and able to close the transaction -- i.e., that but for the seller's repudiation, the transaction could and would have closed; 2) the evidence was not conclusive on the issue of the ability of the buyers in this case to make the purchases; and 3) the courts below erred in deciding as a matter of law that the seller repudiated the contracts by transferring the properties.

Appellate Information

• Decided 02/09/2012
• Published 02/09/2012

Judges

• Smith

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Robert P. Johnson, Thomas J. Stock