Appellate Division, Second Department · September 23, 2026 · 2026 NY Slip Op 05376
1539 Realty, LLC v Murphy
Read the official decision: 2026 NY Slip Op 05376
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Holding The Supreme Court properly denied the plaintiff’s motion for summary judgment because the plaintiff failed to make a prima facie showing that it was ready, willing, and able to perform on the adjourned closing date. The plaintiff’s bare assertion that it tendered the deed in the defendants’ absence was insufficient to establish its entitlement to judgment as a matter of law.
The court’s words
the plaintiff's bare assertion that it tendered the deed in the defendants' absence was insufficient to establish, prima facie, that the plaintiff was ready, willing, and able to perform on the adjourned closing date
2026 NY Slip Op 05376, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 23, 2026 |
| Citation | 2026 NY Slip Op 05376 |
| Area of law | Contracts and Commercial |
| Week | Week ending September 26, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05376 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 147 |
Recommended citation
ESQ HQ, New York Law Watch, 1539 Realty, LLC v Murphy, 2026 NY Slip Op 05376 (Appellate Division, Second Department, September 23, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05376/
How this record was made
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