Where a seller seeks to hold a purchaser in breach of contract, the seller must establish that it was ready, willing, and able to perform on the time-of-the-essence closing date, and that the purchaser failed to demonstrate a lawful excuse for its failure to close. In light of the plaintiff's contractual obligations at closing, its 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.
1539 Realty, LLC vs. Murphy, NY Slip Op 05376 (2d Dep't September 23, 2026)
