Opinion
April 11, 2000.
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered March 22, 1999, which, inter alia, granted defendant's motion for summary judgment dismissing plaintiff's first cause of action for specific performance and to vacate the notice of pendency, and denied plaintiff's cross motion for summary judgment, unanimously affirmed, without costs.
Edward S. Kanbar, for plaintiff-appellant.
Leonard Grau, for defendants-respondents.
ROSENBERGER, J.P., WILLIAMS, TOM, MAZZARELLI, JJ.
The motion court properly dismissed plaintiff's cause of action for specific performance since the contract for the sale of the condominium, never having been executed by the owner, was not binding upon him (see, Fatoullah v. Schneider, 103 A.D.2d 957). Moreover, even if the unexecuted contract had been ratified by the owner (see, Williams v. Cohn, 51 A.D.2d 1031), no evidence was presented that plaintiff was ready, willing and able to close title on November 1, 1997 (see, Huntington Mining Holdings, Inc. v. Cottontail Plaza, Inc., 60 N.Y.2d 997, 998).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.