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Gluck v. Tomasulo

Appellate Division of the Supreme Court of New York, Second Department
Feb 11, 1991
170 A.D.2d 482 (N.Y. App. Div. 1991)

Opinion

February 11, 1991

Appeal from the Supreme Court, Kings County (Shaw, J.).


Ordered that the order is affirmed, with costs.

Upon a review of the record it is evident that material issues of fact exist, including, but not limited to, whether the plaintiff can demonstrate that he was ready, willing and able to tender performance on the closing day or within a reasonable time thereafter (see, Huntington Min. Holdings v Cottontail Plaza, 60 N.Y.2d 997; Wilson v City of Long Beach, 133 A.D.2d 684). Kunzeman, J.P., Kooper, Eiber and O'Brien, JJ., concur.


Summaries of

Gluck v. Tomasulo

Appellate Division of the Supreme Court of New York, Second Department
Feb 11, 1991
170 A.D.2d 482 (N.Y. App. Div. 1991)
Case details for

Gluck v. Tomasulo

Case Details

Full title:SHMUEL GLUCK, Appellant, v. BEATRICE TOMASULO et al., Respondents

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

Date published: Feb 11, 1991

Citations

170 A.D.2d 482 (N.Y. App. Div. 1991)
565 N.Y.S.2d 563