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.