The Appellate Division affirmed denial of plaintiff's motion. He failed to establish, prima facie, that he substantially performed his contract obligations and was willing and able to perform his remaining obligations, and that defendants were able to convey the property. Plaintiff submitted no proof that he possessed the financial means to close the sale, and he submitted no proof that the individual defendant, who signed the contract of sale in his personal capacity, was able to transfer the property, which the record shows was owned by the corporate defendant.
Ahsanuddin v. Carde, NY Slip Op 05442 (1st Dep't October 6, 2020)
